Showing posts with label VISA. Show all posts

Free legal services for indigent aliens/immigrants or those unable to afford legal representation:



List of f
ree Lawyers/Attorney for any/all general Visa Advice:


A) Reddy n Neumann:

Reddy n Neumann are most accessible employment-based immigration attorney today. They answer your H1B, H4, i140, L visa, F1 visa, and other business and study related questions free of cost.

#1 YouTube, Facebook Live Video Call – Weekly
They conduct a LIVE video chat every Tuesday from 5 PM to 6 PM central time on YouTube and Facebook.

You can write your question in video comments live chat and either Rahul Reddy or Emily Neumann will pick you question and answer right there.

You only get one shot at asking the question as there is no way to ask a follow up question in this video call. So, be specific and to-the-point. Do not ask repeated questions either as they won’t pick it up for answering.

#2 Free Phone Call – Mon to Fri
Rahul reddy also holds a completely free conference call everyday from Monday to Friday for 1/2 hour.

You can directly call and ask your question. The good thing is that you are speaking directly to the attorney and can ask follow up question too.

  • Monday – 3:30 pm CST
  • Tuesday- 11:30 am CST
  • Wednesday – 4:30 pm CST
  • Thursday – 11:30 am CST
  • Friday – 3:30 pm CST

You should dial: +1 720 820 1476
Once you are connected, you will need to wait until the conference starts and then dial *6 and then 1 to be queued for asking a question.

Since the time is limited, it is better to queue yourself as early as possible in the call right at the start by pressing *6.
They shut the call promptly within 30 minutes even if more people are still waiting in queue to ask their question.

#3 Email Question
You can also email (info@rnlawgroup.com) your question to RN Law group and they reply within 24 hours as per our experience.

#4 Ask Question On Emily Neumann’s blog
Emily writes a blog by the name of immigration girl. You can ask your questions in the comment section and she might reply as per her availability.
Most repeated and illogical questions are not not replied. So, please ask to the point question to get a meaningful answer.

They may or may not answer the question on your email.

B) Free Consultation By Rajiv Khanna – Immigration.com

Rajiv S. Khanna, US Immigration Attorney, hosts Free Conference Call every other Thursday at 12:30 PM Eastern Standard Time to answer US immigration related questions.

You should call at (202)-800-8394

You should ask your question on their immigration.com forum first. They create a specific page for each conference call on their forum where you can queue up your question before the call.

Once the call starts, attorney answers the question in the sequence in which they have been asked on their forum page.

Once they have exhausted the forum page questions, they do take questions from people on the call. But, my suggestion is to not rely on the call and queue up your question on forum.

You can ask questions or just listen live or listen to the recording for the call. They post their conference call recording their YouTube Channel and forums.

Most of the questions hover around H1B and H4 EAD issues but you can ask your green card and advance parole queries too.

C) Call Local Indian Radio Channel

Most cities who have an Indian radio channel host the live ‘ask an attorney’ shows. You are allowed to call the radio and then ask questions live.

Dallas has two radio stations called fun asia and radio caravan that host the immigration question session with real attorneys. You can call live and ask your question.

The only thing is that you will probably just get about a minute or two to discuss. Your query should be precise and to the point.

Boston does not have any Indian radio channel.

New Jersey, New York, Pennsylvania and Connecticut are served by 8K Radio EBC.

San Francisco/San Jose area has Radio Zindagi. Bay area people can call on Desi 1170 AM radio channel.

Peerally Law runs an immigration show on KLOK 1170 AM Radio Thursday from 10 am to 11 am (PST) in San Jose, California.

D) Ask Immigration Question on AVVO

Avvo.com is a popular question and answer platform where your query is answered by a real attorney.

AVVO free advice from attorney
AVVO free advice from attorney

You can expect a short and crisp answer from well-known and credible attorneys but only if you ask to-the-point question.

Although Avvo is pretty good, the drawback is that Many attorneys would simply just ask you to talk to your employer’s attorney for your L1 or H1B work visa query instead of giving an answer. Not sure why do they even reply on your post if they don’t want to answer!

The platform works both ways in the sense that attorneys get to find some of their prospective clients on avvo.

If you know about more options to ask an Immigration question for free, do let us know in the comments and we will update the article.

E) Peerally Shah Law Firm Free Consultation

Peerally Law firm has been suggested by several guests of our blog as the one who provide free consultation over phone call.

You can schedule a free consultation on their website or simply call on their contact number (510) -742-5887 directly. You can also email (info@peerallylaw.com) for setting up consultation.

We have not been independently verified this claim though. We suggest to call the shah peerally and then ask if their consultation is free or not before going ahead with your question.

They also run a radio show on KLOK 1170 AM Radio Thursday from 10 am to 11 am (PST) in San Jose, California.

F) TruVisa.com

Truvisa.com is a platform for immigrants and aims to answer your queries based on real people’s real experiences.

It is not an attorney affiliated platform at this time but answers are pretty reliable.

G) Murthy Law Firm LIVE Chat

Murthy law firm also answers your H1B and green card questions their LIVE chat.

Although the Murthy’s official page has announced that they have stopped having chat sessions, but i have seen it happening on their Facebook page in Aug 2019.

I think they have stopped doing it but I am not sure. Can anyone confirm if they have used their chat recently?

They also run a free teleconference that’s restricted to employers and their questions.

The next best option to find an answer to your non-immigrant question from murthy is to search their 
FAQs page. I have gone through them and its quite extensive and they have touched quite a number of commonly asked situations over the years.



E) American Immigration Lawyers Association (AILA) 
AILA is a national bar association of more than 5,200 attorneys who practice immigration law. For more information, call 1-202-216-2400, fax 1-202-371-9449, or write to American Immigration Lawyers Association, 1400 Eye Street, NW, Suite 1200, Washington, DC 20005 USA.




F) American Immigration Center 
This site provides information about topics relating to US immigration.





Reference:
List of Attorney for Free Advice on Call, Email - H1B, H4, L, F visa - (am22tech.com)

The Visa Waiver Program (VWP) permits citizens of designated countries to apply for admission to the United States for short-term visits as nonimmigrant visitors for business or pleasure without the need to obtain a B-1 or B-2 nonimmigrant visa from a U.S. consulate.

 
The following countries are participants in the VWP: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.
 
VWP travelers are subject to strict requirements, outlined below.
 
VWP travel restrictions. The Department of Homeland Security (DHS) and the State Department began implementing additional VWP travel restrictions in January 2016. Foreign nationals in the following categories are restricted from traveling to the United States under the VWP, even if they have a valid Electronic System for Travel Authorization (ESTA) registration (with limited exceptions):
  • Nationals of Visa Waiver Program countries who, since March 1, 2011, have travelled to Iran, Iraq, Libya, North Korea, Somalia, Sudan, Syria, Yemen or any other country of concern designated by the Department of Homeland Security, or since January 12, 2021, have traveled to Cuba; and
  • Dual nationals of a VWP country and Cuba, Iran, Iraq, North Korea, Sudan, Syria or any other country of concern designated by the Department of Homeland Security.
 
Individuals subject to VWP travel restrictions must obtain a B-1/B-2 visa from a U.S. consulate to visit the United States for business or tourism, with very limited exceptions.

DHS is authorized to grant an exemption from the travel restrictions to those who have traveled to a country of concern in the course of diplomatic or military service on behalf of a VWP member country.  The agency is also authorized to grant waivers on a case-by-case basis to those who have traveled to a country of concern on official duty for an international or nongovernmental organization or as a journalist for reporting purposes, or who have traveled to Iran or Iraq for legitimate business purposes in limited circumstances. Foreign nationals must submit a new ESTA registration in order to be considered for a waiver or exemption from the VWP restrictions.
 
Duration of stay. Entrants under the Visa Waiver Program are admitted for up to 90 days. They cannot extend their stays beyond 90 days, except in extremely rare and limited circumstances, and they cannot change their status to another nonimmigrant category. If you overstay your VWP admission, you will no longer be able to use the program and will be required to obtain a B-1 or B-2 visa for any future business or tourism visits of any duration to the United States.
 
VWP passport requirements. To enter under the VWP, you must make sure that you comply with special passport requirements. A foreign national whose passport is not in compliance with applicable VWP passport standards must obtain a visa to enter the United States.
 
As of April 1, 2016, all VWP travelers are required to present an “e-Passport.” An e-Passport is similar to a traditional passport, except that it has a small integrated computer chip embedded in the back cover. The chip stores the information displayed on the data page of the passport, a biometric identifier in the form of a digital image of the passport photograph, a unique chip identification number and a digital signature to protect the stored data from tampering.
 
These passport requirements apply only to travelers entering the United States under the Visa Waiver Program. Nonimmigrant visa holders are not subject to these requirements.
 
Advance travel authorization. All foreign nationals planning to enter the United States under the Visa Waiver Program are required to register for online travel clearance through the Electronic System for Travel Authorization (ESTA). Travelers should submit their applications well in advance of travel, and no later than 72 hours before departing for the United States. All foreign nationals seeking a new or renewal ESTA authorization must pay a fee by credit card or PayPal at the time they submit their ESTA application.
 
To register in ESTA, you must submit an online application at the official CBP ESTA website. Applicants should avoid the numerous fraudulent websites purporting to register travelers for ESTA. The CBP website is the only legitimate ESTA registration site.
 
The ESTA application asks for your biographic and passport information, as well as information about your basic eligibility to use the VWP, such as previous visa denials, prior arrests and convictions, and presence of certain diseases. The application also requests your U.S. destination, flight information and other travel details, but this information is not required.
 
Once you submit the ESTA application, it will be reviewed against appropriate national security and law enforcement databases. According to DHS, most applications are decided in a short period of time, but longer adjudication periods are possible.
 
If approved, your ESTA travel authorization will generally remain valid for up to two years, with some exceptions, or until your passport expires, whichever occurs first. DHS has shortened the ESTA travel authorization validity period for citizens or nationals of Brunei (effective July 6, 2023) and Hungary (effective August 1, 2023) to one year. The authorization generally may be used for multiple trips to the United States during the validity period, with the exception for citizens or nationals of Hungary, who are limited to a single entry if their ESTA application was received after August 1, 2023. You do not need to re-register in ESTA until your initial authorization expires or until you obtain a new passport. ESTA registration does not guarantee that you will be admitted to the United States; Visa Waiver Program travelers remain subject to inspection upon arrival and may be denied entry at the discretion of U.S. border officials.
 
If the ESTA application is denied or you do not apply for ESTA clearance, a valid B-1/B-2 visa issued by a U.S. consulate is required for short-term business or tourism visits to the United States.

foreign nationals planning to travel to the United States under the Visa Waiver Program (VWP) must register in the ESTA system in advance of travel.  Prospective VWP travelers must be aware that the official U.S. Customs and Border Protection (CBP) registration site is the only authorized ESTA registration site.  CBP does not use or authorize any outside individual or company to accept ESTA registrations. Nevertheless, websites posing as official government sites or claiming to have CBP authorization abound. These should be avoided.

References:

Here are all the steps for PWD > PERM/LC > i140 if you already have an H1B work visa:



A) H1B non-immigrant visa To EB2/EB3 immigrant visa Status:

  1. Formulate job requirements & duties:
    1. Initiation received and case record opened by lawyer
    2. Lawyer contacts client (employer & employee) with case instructions and request for documents
    3. Employer formulates job duties and identifies the requirements for the job that they plan to hire. 
    4. Completed questionnaire received from employer
    5. Approved PERM job duties and requirements received from employer
    6. Employee completes questionnaire for all previous experience
    7. Immigration High Touch Call - The employer & lawyer determine the appropriate preference category for the foreign national.
    8. Updated sponsorship position details requested from the employer
    9. Skills chart requested & developed based on job description.


  2. Request Prevailing Wage Determination from DOL:
    1. DOL will determine the prevailing wage for the position in the specified geographic location, based on the job duties, minimum requirements, and other details. If the wage for the position is governed by a collective bargaining agreement, documentation is submitted to DOL to show this.
    2. The prevailing wage determination sets the minimum wage that the employer must be willing to pay the employee, at the time that the employee becomes a legal permanent resident. 
    3. Currently, DOL issues a prevailing wage determination in 6-8 months (10 months for union positions).
    4. Lawyer drafts Prevailing Wage Determination/Request (PWD/PWR) & Experience verification letter (EVL).
    5. PWD is filed using Form ETA 9141.
    6. EVL format and details sent by Lawyer to employee
    7. Lawyer requests employee to get EVL approved from previous employer(s).
    8. Signed EVL(s) received. (Employee's prior employer > employee > Lawyer)
    9. All documentation required to process case received by Lawyer.
    10. Original PWD received from DOL, employer notified if new PWR is needed
    11. If new PWR is needed; same is submitted on DOL website
    12. Second PWR filed if needed. 
    13. Last Prevailing wage determination received from DOL

  3. External Recruitment Process:
    1. Once the Prevailing Wage is pending, your legal team will discuss the timing for the advertisements. Depending on factors such as prevailing wage processing times, the category and wage level we expect to receive, and your immigration status, your attorney may advise running ads before the determination is received, or waiting until we have it in hand.
    2. Ask for this step to happen in parallel when the PWD is happening.
    3. – approximately 1 month for the active advertising period, and then 
    4. Concurrent recruitment scheduled to start.
    5. Concurrent recruitment authorization requested from employer
    6. Concurrent recruitment authorization received from employer. Lawyer drafts materials for the same.
    7. The employer conducts a recruitment process for 1 month ensuring the recruitment process is fair and unbiased to test the US job market. Recruitment is done using many channels like newspaper, radio, online websites, on-campus, etc.
    8. Advertisements will be placed to test the labor market as a required part of the PERM process. This labor market test for PERM purposes must be conducted in conformity with DOL rules. 
    9. Concurrent recruitment materials sent to employer for posting,
    10. Filing window for PERM starts 2months after this and is valid for ~120days/4months.
    11. Often when assisting law firms and employers work through the State Workforce Authority (SWA) job order posting process, the State workforce agency staff will lock, freeze, or delay activation of a newly registered account. State Workforce Agency staff prefer as direct and exact a method as possible to verify the business and it’s details.
    12. State specific SWA verification code requested from employer
    13. SWA staff are generally cooperative with legitimate businesses to prevent fraud.
    14. Staff may verify business details like name, address, and ownership.
    15. Once satisfied, they enable job order posting privileges.
    16. Successfully register the firm and post a job order for 30 days, meeting PERM labor certification requirements.
    17. Lawyer accesses the employer's State-specific SWA account
    18. Obtain electronic PDF printouts with start and end dates for the job order, which are needed for the Recruitment Report (DOL ETA Form 9089) and uploading to the PLC DOL ETA website.
    19. Immigration lawyers confirm newspaper/journal ads were placed
    20. Newspaper/joural ad tearsheets received by Immigration lawyers.
    21. During this period, your immigration team will continue to work on your application, putting the materials through several rounds of review.
    22. After the recruitment is complete and the employer must demonstrate that there are no qualified/suitable US worker for the role.
    23. If an able, willing, and qualified US worker applies for the position, we will need to stop the process, wait at least 6 months, and then re-test the labor market, perhaps with modified criteria.

  4. Permanent Employment Certification Filing:
    1. The employer must obtain certification from the Department of Labor that qualified & willing U.S. workers are not available for the position offered to the foreign national beneficiary and that employing the foreign national will not adversely affect the wages of U.S. workers.  
    2. To obtain this certification, the employer submits an Application for Alien Employment Certification (also known as a “labor certification”) to DOL. The employer will file Form ETA 9089 electronically for Permanent Employment Certification (PERM). (Applications may also be submitted by mail, but these are subject to longer processing times.) 
    3. Applications are submitted electronically to a Department of Labor processing center. The priority date is the date the Labor Certification was initially filed.
    4. PERM applications are subject to audits by DOL Certifying Officers, based on specific compliance criteria or random selection.  If a case is selected for auditing, processing times are much lengthier. (upto 1.5years)
    5. A chance of the case being audited is small: nationally the audit rate is over 25%, but with a professional immigration team the rate is less than 5%.
    6. Immigration lawyers collect all the info & documents needed to file PERM.
    7. Forms/documents sent to employee for review and signature
    8. Forms/documents sent to employer for review and signature
    9. The Department of Labor (DOL) certifies the Labor Certification.


  5. i-140 Petition Filing:
    1. This step can happen in parallel when the PERM is in process with DOL. Preparation time varies depending on case complexity but typically takes a few weeks to a month.
    2. i-140 is a petition to USCIS to classify the applicant as an Immigrant Worker. 
    3. Employers must show that the company can pay the employee the offered wage, and the employee must show that they have all of the qualifications for the job.
    4. This petition must be submitted with the Certified Labor Certification (also called the 9089 or PERM form), which is only valid for 180 days.
    5. The employer prepares Form I-140, including gathering necessary documents and information.
    6. Filing the I-140: The employer submits the completed Form I-140 along with the required filing fee and supporting documents to the United States Citizenship and Immigration Services (USCIS).  i140 and i485 can be filed concurrently once your green card priority date is current (not for Indians in the US).
    7. USCIS issues a receipt notice to acknowledge the petition's submission.
    8. USCIS Processing: USCIS reviews the I-140 petition to determine eligibility and compliance.
    9. Time: USCIS processing times vary but typically range from 4 to 8 months. Premium processing (additional $2500 fee) reduces the processing time to 15 calendar days.
    10. Approval or RFE Response: USCIS either approves the I-140 petition or issues an RFE. If an RFE is received, the employer must respond with requested documentation or clarification within the specified timeframe ensuring the RFE response adequately addresses USCIS concerns and provides requested evidence. The response time for an RFE is typically 87 days, but it can be shorter in some cases.

B) Extending H1B work visa beyond initial 6 years during/after i140 approval:

  1. If 365 days or more elapsed since an I-140 employment-based petition for permanent residence (PERM/LC) was filed on your behalf, your H-1B status may be extended in one-year increments until such time as your permanent residency application is approved.
  2. If you have an approved I-140 employment-based petition but your priority date is not current, i.e. immigrant visa number is not available to you (as immigrant visas for your country of birth are oversubscribed) your H-1B status may be extended in three-year increments until your permanent residency application (PERM) is approved.
  3. You can try to make the PERM applied/filing date to be 365 days before your H1B 6 year expiration by extending your 6year H1B period by the following 2 methods:
    A) Visit Canada or Mexico for a short term like 30days and use AVR to return to US before the start of the 7th year.
    B) Choose to spend more vacation or work from time outside the USA & then recapture it.


C) Changing jobs after i140 approval:

  1. Basic Flexibility:
    1. You can use the approved I-140 to maintain your priority date with the new position after promotion/transfer into same/different company by filing a new PERM and i140 through them. (new AC21 rule modification done in Jan 2017).
    2. There is no expiry date mentioned on the I-140 approval. You can use it with as many employers as you want until your date of the green card gets current.
    3. As long as you meet the eligibility requirements each time, you should be able to port your I-140 more than once. It is worth mentioning that frequent job changes may raise concerns of an adjudicator regarding the "permanency" of your job offers. Although you would have no choice when facing lay-offs or a company shut-down, you should be aware of the negative impacts of "job hopping." 
  2. International Flexibility:
    1. You can come back to the US anytime in the future by getting a H1B transfer/extension from a new employer using your already approved i140 from your older job/employer.
    2. You will still need a new i140 preapproved for the new position with the new employer to file an i485 adjustment of status before your priority date becomes current.
  3. Your new employment must be the "same or similar" occupational classification to the one described in initial Form I-140. There is no clear definition of what constitute "same or similar," but a USCIS adjudicator will consider the following factors:
    1. Job Description: your job duties of the new employment will be compared with the job descriptions contained in your I-140 or labor certification (ETA 750A or new PERM).
    2. DOT code and/or SOC code: Your DOT code or SOC code assigned to the I-140 based on your labor certification, or an appropriate code determined by the adjudicator if LC was not required, will be used to judge whether the new employment is the same or similar occupational classification.
    3. Wage information: your new salary should not be significantly different from the previous one. However, it doesn't have to be exactly the same or necessarily higher.
  4. Your new job doesn't need to fulfill any of the following conditions:
    1. same geographic location: A May, 2006, USCIS Memo from Yates specifically stated that geographic location of the new employment does not have to be the same as specified in the approved Labor Certification and initial Form I-140, as long as it is the same or similar occupational classification.
    2. pay the same or a higher salary: The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
    3. Proof of "ability to pay": USCIS will not request proof of "ability to pay" from your new employer. However, they may issue RFE to verify the legitimacy of your new employer, as well as your job offer. While adjusting your I-485, USCIS will also evaluate the potential of you becoming a public charge. So it is essential that your new employer has relevant materials ready, which may include the same documents required as proof of "ability to pay."
    4. new labor certification:  Your already approved LC remains valid even if you seek to adjust your status based on another employment opportunity.
    5. exactly same job title: USCIS understands that different companies may use different titles for essentially the same position and will make a determination on a case-by-case basis. However, it makes everyone's life easier if you have identical job titles.
  5. After your I-140 approval always notify USCIS that you have changed jobs:
    1. You or your attorney should send a letter to the USCIS service center explaining that you have invoked AC-21 portability (job switching) provision. Decide what supporting documents to send with the letter, such as your job offer, to demonstrate your eligibility.
    2. If an adjudicator has no knowledge of you switching jobs, and there is something wrong with your I-140 (revoked, for example), he or she is required to issue a Notice of Intent to Deny (NOID) your I-485. 
    3. There have also been cases when applicants responded to NOID with necessary documents to prove their eligibility for AC21, but their cases were still denied. 
    4. Although it is not difficult to reopen such a case with further explanation, it can be a real hassle and waste of time.


D) When your H1B work visa Extension beyond the 6th year Is a Risk:
  1. Denial of the labor certification application by DOL
  2. Revoking an approved labor certification by DOL
  3. Denial of pending I-140 petition by USCIS
  4. Denial of adjustment of status by USCIS
  5. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. So if an approved labor certification wasn't used in an I-140 petition within 180 days, it would no longer be able to support an H1B post 6th-year extension.
  6. Employer/lawyer ignores an RFE regarding the unapproved I-140 even if your I-485 has been pending for 180 days or more.
  7. Withdrawal of pending I-140: by your older Employer while your application decision is pending.
  8. Withdrawal of approved I-140 within 180days of application decision: by your older Employer.
  9. Revoking an approved I-140 180days before/after application decision: by USCIS if they find fraud or misrepresentation by you or your lawyer &/or employer.
  10. If you fail to prove that a bona fide employment relationship existed at the time of filing. So leaving too early obviously makes it more difficult to establish your case, especially if your employer is no longer willing to cooperate.
  11. NOTE: Employers may request the i140 withdrawal even after 180 days. Do not worry if the USCIS case status shows as ‘withdrawn’ online. You can use the i140 withdrawn after 180 days to port your priority date into your new i-140 and extend H1B.
  12. If you or your lawyer doesn't file for Green card (I-485) within 1 year of your priority date becoming current; the government will perceive you have quit, and the next person in the line will get your visa.


E) Can my spouse work in the United States?
  1. H-4 spouses are not eligible for work authorization unless they have an approved Employment Authorization Document (EAD) through their H-1B spouse's approved Form I-140 immigrant worker petition (takes 2.5-4years). 
  2. You can also use an approved I-140 from an old employer to apply for H4-EAD.

NOTE: ANY TIMING PROVIDED ABOVE IS ONLY A ROUGH ESTIMATE BASED ON RECENT EXPERIENCE. FUTURE PROCESSING CAN BE SIGNIFICANTLY DIFFERENT.

Here's a snapshot of the full immigration cycle for a foreign individual not in US going from:
Being a Student > Getting Employment > Green Card:



Your journey starts at:
A) STEP 1 if you want to come to the US on a study visa
B) STEP 5 if you are applying for H1B work visa

  1. Before coming to US:
    Time: 6months-1year
    1. Prepare for SAT/GRE exam (1-2months)
    2. Schedule, book & give SAT/GRE exam (1month) ($50-$250)
    3. Filter Universities wrt exam results, profile, ranking, budget, location (in parallel)
    4. Apply to at least 5 Universities ($50-$100 per application) (1month) 
    5. Finalize admit after getting all results (1-2months)
    6. Get I-20 from University (1month)
    7. Apply DS-160 non-immigrant visa form (in parallel)
    8. Schedule, book & give Visa Interview (3-6months)

  2. After getting F1 Student Visa:
    Time: 9months-4years
    1. Get Student (F1) visa in passport (2weeks-1month)
    2. Book travel & Come to US (Max 2weeks before visa start date)
    3. Attend at least 2 semesters (8-12months)

  3. In College: Start Working:
    Time: 0-1years for Masters, or 0-3years for Bachelors
    1. Work part-time onsite as an RA/TA or non-technical hourly job.
    2. Find an internship (in parallel) after studying for 2 semesters
    3. CPT > (3months to 1year max conventionally)
    4. Complete all Bachelors/Masters degree credits/requirements (0-3years)
    5. Get EAD> (in parallel) (2-4months to arrive)
    6. Find an internship / full-time job (in parallel) (0-8months)
    7. Get registered by employer on (i9advantage.com)

  4. After College: Continue working on Student VISA Before H1B:
    Time: 1min-3max years
      1. Update I-20 for OPT (in parallel) (2weeks-1month)
      2. OPT (1 year max) for both STEM & non-STEM students
      3. Update I-20 for STEM OPT (in parallel) (2weeks-1month)
      4. STEM OPT (only for STEM students) (2 years max)

    1. Apply for H1B work visa:
      Time: 9months to 1year
      1. Apply for H1B work visa (before March)
        Timing: in parallel to OPT while already in US
        or while you are not in US through a US based employer
      2. H1B visa approval (based on lottery results) (33% chance you will get it)

    2. After H1B approval:
      Time: 0min-6max years
      1. H1B Granted
      2. H1B CoS (October of current year OR consulate appointment onwards)
      3. H1B transfer (if getting new job/position)
      4. H1B extension (6months before expiration)
      5. Request permanent residency process to be started 3-4 years before your 6year work visa expires

    3. PWD+PERM+i-140 Filing Process:
      Time: 2.5min - 4max years
      1. Start PWD process with lawyer + employer (1.5-3months) 
        (Process needs to start 4years before H1B 6year period expiration)
      2. Position lock period starts: Not recommended to switch employers or change role/location/responsibilities.
      3. Wait for PWD approval (6months) (add 6months for application errors)
      4. Recruitment Study run by lawyer + employer (3months)
      5. File LCA/PERM with lawyer + employer (1.5months)
      6. Wait for LCA/PERM approval (Minimum:1 year without audit; 1.5years with audit)
      7. H1B max total period expires (max total 6years + time spent outside US)
      8. Receive priority date for green card application
      9. File i-140 with lawyer + employer (1.5-3months)
      10. Wait for i-140 Approval
      11. Premium processing: 2weeks; you pay $2500
        or Normal process: 6-9months

    4. After i-140 Approval:
      Time: 
      6months min + 0-25 years (est.)
      1. You need to wait for 6months before your priority date is permanent.
      2. After 6months position lock expires; now you can switch employers and get unlimited 3year H1B renewals.
      3. The Visa Bulletin, published monthly by the Department of State, determines when an immigrant visa (green card) is available based on the priority date and preference category.
      4. Wait for priority date to become current (Wait time varies wrt country of origin)
      5. If priority date is current or a visa is available, the individual can either adjust their status to permanent residency within the US or undergo consular processing at a US embassy/consulate abroad.
      6. File i-485
      7. Get Actual Green Card

    NOTE: ANY TIMING PROVIDED ABOVE IS ONLY A ROUGH ESTIMATE BASED ON RECENT EXPERIENCE. FUTURE PROCESSING CAN BE SIGNIFICANTLY DIFFERENT.

    Here's an expanded Form I-485 process with additional details and documents as needed:

    0. What is i485:

    1. I-485 is a personal green card application filed by the employee named in I-140 petition and by her derivative family members (spouse and children). 
    2. Adjustment of status application focuses on employee’s personal eligibility to receive green card (e.g. absence of criminal history or other grounds of inadmissibility).
    3. As a part of adjustment of status application, your immigration lawyer can request a travel/work authorization card that can be used while I-485 is pending.
    4. The work and travel card usually arrives in 4-5 months after filing. At that point, an employee no longer needs their H-1B, though they may continue to use the H-1B until the green card is approved.



    1. **Eligibility Determination**:

       - Review USCIS guidelines to determine eligibility for adjustment of status based on your immigration category. Depending on the green card category and the country of chargeability, an immigrant visa number may not be immediately available.

       - Ensure that you maintain lawful immigration status while your Form I-485 is pending.

      - Refer to visa bulletin for the current information: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

      - If the priority date is current when the PERM is approved, your lawyer may be able to move to next step immediately and file the I-485 application together with the I-140.


    2. **Gather Required Documents**:

       - If applying based on marriage to a U.S. citizen, include a copy of your marriage certificate.

       - If applying based on employment, include a copy of Form I-797 approval notice for Form I-140 or other relevant employment-based petition.

       - If applying based on family relationship, include documentation establishing the familial relationship (e.g., birth certificates, marriage certificates).

       - Include any additional documents specific to your immigration category or requested by USCIS.


    3. **Medical Examination**:

       - Schedule a medical examination with a USCIS-approved civil surgeon. 

       - The medical examination includes a physical examination, vaccination review, and completion of Form I-693.

       - Ensure that all required vaccinations are up-to-date or obtain any missing vaccinations during the examination.


    4. **Prepare Form I-485 Package**:

       - Complete Form I-485 accurately and truthfully, providing all required information.

       - Sign the form and ensure all required signatures are obtained.

       - Organize supporting documents in a clear and organized manner, following USCIS guidelines.

       - Include translations for any documents not in English.

       - If applicable, include a cover letter explaining any special circumstances or providing additional information.


    5. **Submit Form I-485**:

       - Mail the completed Form I-485 package to the appropriate USCIS Lockbox facility.

       - Include the correct filing fee payment, which may vary based on your age, immigration category, and other factors.

       - If eligible, include a request for a fee waiver or submit Form I-912, Request for Fee Waiver.


    6. **Biometrics Appointment**:

       - Receive a notice 1-2 months after lawyer files paperwork from USCIS scheduling a biometrics appointment at a local Application Support Center (ASC).

       - Bring the appointment notice and a valid government-issued photo identification to the biometrics appointment.

       - USCIS will collect fingerprints, photograph, and signature for identity verification purposes.


    7. **Interview Notice (if applicable)**:

       - About 12 months after filing the paperwork, you will receive an approval, a request for evidence, or an interview notice.

       - Receive a notice from USCIS scheduling an interview at a local USCIS office (if required for your case).

       - Prepare for the interview by reviewing your application and gathering any additional requested documents & produce all the original civil documents, immigration status documents (H1B approvals, visa stamps, SEVIS documents, etc) and previously completed medical exam on form I-693 in a closed envelope.

       - If applying based on employment the employee needs to confirm that job or a job offer is still available for them at the time of the interview.

       - An immigration officer will review employee’s green card application and all their underlying immigration files.

      - If applying based on marriage, be prepared to provide evidence of the bona fides of the marriage. 


    8. **Attend Interview (if applicable)**:

       - Attend the scheduled interview with USCIS officers.

       - Bring original documents and copies of any additional evidence requested by USCIS.

       - Answer questions truthfully and provide any requested documents or information.


    9. **Wait for Decision**:

       - After the interview, USCIS will review your case and make a decision.

       - If approved, USCIS will mail your green card (Form I-551) to your address on file.

       - If denied, USCIS will provide reasons for the denial and instructions on how to appeal the decision, if applicable.


    10. **Follow-up Actions**:

        - If granted lawful permanent resident status, update relevant government agencies, such as the Social Security Administration, with your new status.

        - Review the conditions of your green card if applicable (e.g., conditional permanent resident status) and follow any required steps for removal of conditions in the future.

        - If denied, consult with an immigration attorney to explore options for appeal or re-filing.



    Maintaining Permanent Resident Status
     
    If you are a lawful permanent resident of the United States, your green card is evidence of your status, but more may be needed to maintain your status, travel outside the United States without inconvenience, or become a naturalized U.S. citizen in the future. If you leave the United States for a prolonged period of time, you may jeopardize your permanent resident status and your future ability to naturalize.
     
    It is important to note that maintaining permanent residence status is different from maintaining U.S. residence for naturalization purposes; some requirements overlap, but there are important differences that must be considered carefully.
     
     
    Maintaining Permanent Residence during Lengthy Absences; Obtaining a Reentry Permit
     
    If you plan to be outside the United States for one continuous year or more – for instance, if you are assigned to a new position that is located abroad and will not be traveling back to the United States during the foreign assignment – maintaining status is important so that you may continue to enter the United States as a resident. Permanent resident status is not always automatically lost by a lengthy absence abroad, but such an absence will be taken into account by USCIS in determining whether you intend to maintain or abandon your status. In order to maintain status for this purpose, you must preserve sufficient ties to the United States to indicate that you consider the U.S. to be your permanent home. To determine your intentions, the USCIS will look at several factors, including:
     
    • The length of your absence;
    • The reason you are traveling;
    • Whether you have a fixed date to return to the United States;
    • Whether you have continued to file tax returns as a resident alien;
    • Whether you have maintained bank accounts, property and a driver’s license;
    • The location of your family; and
    • The location of your employment.
     
    Trips outside the United States for less than six months do not usually pose a problem; if you stay outside the United States for less than six continuous months, you should not ordinarily have any difficulty re-entering. Trips outside the United States of between six continuous months and one continuous year in duration may raise a red flag with an immigration officer upon your return. You may need to explain your absence, but you should be readmitted to the U.S. based upon your green card, without further documentation.
     
    Reentry permits. If you travel abroad for a continuous year or more, you will be required to obtain a reentry permit in order to be readmitted to the United States. You must apply for the permit in the United States and attend a biometrics appointment so that your fingerprints and photographs can be collected before your departure. You may depart the United States once your application is filed, but must return for your biometrics appointment. Failure to appear for a biometrics appointment may cause your application to be deemed abandoned. If you have urgent travel plans, it may be possible to request expedited processing of the reentry permit application. Please contact your designated Fragomen professional in such cases.
     
    Once your permit is granted, you may collect it at a U.S. consular post or overseas U.S. immigration office, or you may have it mailed to a U.S. address. The permit is typically valid for two years and is not extendable, though you may apply for a new one. When you return to the United States, the Customs and Border Protection (CBP) may still investigate whether you have abandoned your permanent residency and may ask about the factors listed above; the permit simply prevents the CBP from relying solely on your absence as a basis for determining whether you have abandoned your permanent resident status. Note that trips outside of the United States for one continuous year or more may raise issues in connection with any future application for naturalization to U.S. citizenship. This issue is discussed below.
     
     
    Preserving Permanent Residence for Naturalization Purposes
     
    In order to become a naturalized citizen of the United States, you must fulfill several criteria, including requirements concerning your residence and physical presence in the United States. To qualify, you must continuously reside in the United States for five years after attaining lawful permanent residence (or three years if you are the spouse of a U.S. citizen); you must also be physically present in the United States for at least half of that period (two and one-half years for most aliens, one and one-half years for spouses of U.S. citizens). For naturalization purposes, lengthy trips outside the U.S. may serve to “break” the continuity of your residence period. These breaks have serious consequences and may stop the naturalization clock, requiring you to start at the beginning to re-accumulate the necessary years of residence.
     
    In general, an absence of less than six months will not interrupt your continuous residence. An absence of six months to one year will break continuous residence unless you can give a reasonable explanation for the absence, such as an overseas assignment with your U.S. employer or a lengthy trip to care for an ailing relative. If you are absent from the U.S. for one year or more, your continuity of residence will be automatically broken for naturalization purposes unless you take specific steps to preserve continuity.
     
    If you plan to remain outside of the United States for a year or more, you may apply to the USCIS for special benefits that will preserve the continuity of your residence during the extended absence. To qualify for extended absence benefits, you must have been physically present and residing in the U.S. as a permanent resident for one year – with no absence from the U.S. whatsoever – prior to the absence. During the absence, you must be employed abroad by the U.S. government, a U.S. research institute, a U.S. corporation or subsidiary that is engaged in the development of foreign trade or commerce, or an international organization of which the U.S. is a member (provided that you were not employed by the international organization before becoming a permanent resident). You must request the extended benefits before you have been absent for one year, and you must also show that your absence is in furtherance of your overseas employment.
     
    Physical presence in the United States is calculated differently from residence for purposes of naturalization. As noted above, you must be physically present in the U.S. for at least two and one-half years (one and one-half years if you are the spouse of a U.S. citizen). However, unlike your residency period, your period of physical presence need not be continuous as long as you meet or exceed the minimum time requirement. The following example demonstrates how both continuous residence and physical presence are counted: You live in the United States for one year after becoming a permanent resident; you are then assigned abroad for two years, having obtained the necessary extended absence benefits. After the assignment is completed, you return to the United States and remain there for two years. In this case, you have met the requirement of five years of continuous residence. You have also met the requirement of two and one-half years of physical presence, since you were physically present for a total of three years, six months longer than necessary.
     
     
    Lost or Expired Green Cards
     
    Form I-551 Permanent Residence Cards are typically valid for ten years. Only the card expires in ten years, not your permanent resident status. You must apply for a new card before your current card expires. To do so, you must file a Form I-90 application with U.S. Citizenship and Immigration Services. If you lose your green card, you may apply to replace it by submitting an I-90 application to U.S. Citizenship and Immigration Services.




    NOTE: ANY TIMING PROVIDED ABOVE IS ONLY A ROUGH ESTIMATE BASED ON RECENT EXPERIENCE. FUTURE PROCESSING CAN BE SIGNIFICANTLY DIFFERENT.



    References:
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