 ASK VISALAW.COM
According to the INS voice message system, my EAD (under I-485) has been approved, but the message says it will be another 60 days before I get my EAD card. Can I start a second job using the notice of approval?
According to the INS, a person is supposed to wait for the EAD card before being eligible to work. However, the INS has stated in the past it might not find a violation where a company hired a person under the assumption the INS had approved the EAD application, where the card was not issued because of specific INS delays, e.g. card machine malfunctions. Nonetheless, the safest rule is to wait for the card if at all possible to avoid being considered in violation of status.
I am on J1 visa. Am I still subject to the home residency requirement (HRR) even if my visa specifically notes "bearer not subject to 212(E)" (i.e, HRR)?
While the visa stamp notation is helpful, it is not determinative on the issue of whether the HRR applies. Instead, the INS will make the determination based on the applicable factors, including whether there was government funding, whether the home country skills are in shortage or whether the J visa involves medical training.
Does the INS' new premium processing program apply to H-1B visas and green cards?
Initially, the INS is only accepting premium processing fees for the following
non-immigrant visa categories: E-1, E-2, H-2A, H-2B, H-3, L-1, O-1, O-2,
P-1, P-2, P-3, and Q-1. However, beginning July 30, 2001, H-1B, R-1 and TN visas will be added. The INS has not indicated if or when immigrant visa petitions will make the list, but there is a good chance they will in the future.
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