Immigration Issues

Q I applied for an immigration visa in August 2006. How will I know the status of my application online?


A Applications for immigration visas are filed with the U.S. Consulates located in your home country. Each consulate has its own process and procedures that it follows, which should be posted on its website.


Q I am working on an Employment Authorization Document (EAD) full-time. Can I also work part-time on EAD as a 1099 contractor for another employer?


A If you possess an EAD, sometimes called a work permit, you are authorized to work for a specified limited time, generally one year, for any employer.


Q I obtained my green card about four years ago. My husband is currently working in the United Kingdom and has been accepted to graduate school in Texas. Is it possible for him to come to the United States with an F-1 (student) visa?


A It is possible for anyone to apply for an F-1 visa at the U.S. Consulate abroad after obtaining the I-20 from the University, along with other required evidence. However, with an F-1 visa, your husband must be able to establish that he has the intent to return “home” permanently and be able to show close ties to his home country. With you as a permanent resident, this may prove to be difficult.


Q My application for I-485, Application to Adjust Status, is pending. Can I let my current EAD expire and renew it at a later date when I need it?


A This is not a problem under current U.S. Citizenship and Immigration Services (USCIS) policy and regulations. However, please keep in mind that if you apply for an EAD, you need to allow at least 90 days for USCIS to process these applications.


Q My application for permanent labor certification (PERM) was filed on the basis that my position required a Masters degree. If I exercise portability to a similar position, should my new position also have same education requirement of a Masters degree?


A Current USCIS guidelines do not require that the new position have the identical education or work experience requirements. The law requires that the new job must be considered the “same or similar” under AC21.


Q Is it risky to change jobs if my I-140 has not yet been approved?


A Yes it is. If your I-140 gets denied or your employer receives a request for evidence, your prior employer is unlikely to respond to it or appeal the denial. This would jeopardize your entire green card case. 


Immigration and business attorney Indu Liladhar-Hathi has an office in San Jose. (408) 453-5335.




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