If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.
***
1) QUESTION – I was recently approved I-140 under National Interest Waiver category and I am now preparing to file I-485. I heard of 180-day rule that allows petitioner to change employers if the job is in similar occupation. However, my understanding is that NIW does not require a job offer thus I do not have to stay with the same institution so long as I do the research in the same area as petitioned in I-140.IS my understanding correct?
ANSWER – Your understanding is correct. A national interest waiver is actually a waiver of the labor certification requirement. And that, in essence, means that a job offer is not required. The key here will be to document that you will continue to serve the national interest in the same way as approved in the I-140 petition.
***
2) QUESTION – Hi. I am legal permanent resident. I would like to know if I can apply for green card for my father. He is here in America with legal visa for about a month. I am here for 14 years.
ANSWER – When you become a citizen, you can sponsor him. But there is no category for parents of permanent residents.
***
3) QUESTION – Is it possible to renew an F1 visa without leaving the US
ANSWER – No. You must process at a consulate.
***
4) QUESTION – My application for greencard has been approved…since they have asked to file in for prpermanent residency which I have, I have now applied for advance parole. Id be thankful if u could inform me how long does it take them to grant an advance parole?
ANSWER – Depends on the INS office where the application is filed. You can find out processing times for I-131 advance parole applications on our web site at www.visalaw.com/processing.html.
***
5) QUESTION – After six years as an H1-B holder and one year as a TN visa holder, is it possible to reapply for an H1-B visa again?
ANSWER – You would need to be out of the US for a year to get new time on the H-1B visa.
***
6) QUESTION – Hi there, could you confirm whether INS has started offering an “Express” service where an additional 00 is charged for processing H1 Visas and guarantee approval within 15 days and if visa not approved INS will refund 00.
A – The INS has had a premium processing program like you mention for more than a year. However, the only refund you would be entitled to is if the INS fails to adjudicate the case within 15 days, not if they reject the case or ask for more information. If they deny the case within 15 days, you would not be entitled to a refund.
***
7) QUESTION – I have a pending employment based I-485 application(receipt date 2/16/2002) filed in Nebraska. I work in the technology industry and my company is going through hard times. If the company were to fail and I had to change jobs, what would be the impact on my I-485 application.
A – The answer is hard to provide because the law is not completely clear here. There is a new law which says that if an adjustment of status application is pending for more than six months, you can still be approved on an adjustment application with a new employer if the job is in the same or a very similar occupation. There are two interpretations of this law. One says that as long as the adjustment application is pending for more than six months, it does not matter when you leave your job. The other says that you can only switch jobs after the adjustment application has been pending six months or more. The INS has not yet issued regulations on this so there is no definite approach to recommend. However, I would be conservative and try and stay at a job at least six months if possible. If you have no choice, then obviously you would need to push the theory that it does not matter when you switch jobs
Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.