Recently, there has been so much noise around immigration laws passed in support of H-4 spouses. Many foreign immigrants want to start their own company with their current visa. Here is some information that Madhuri Nemali, an immigration attorney from Cameo Law Group shared recently.
The submission date for H-1B petitions is Wednesday, April 1. The cutoff for submission is April 5.
By now, you and your employer should have submitted all paperwork and documents to your Immigration attorney. The attorneys and paralegals are very busy doing the final steps for submission. They will be finalizing petitions so that they can be sent on Tuesday. If you go to their offices, you might see stacks of completed petitions just waiting for the overnight delivery service driver to pick them up. You can help ease this process by doing the following things:
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- You have the full protection of National, State and Local laws, and you are required to support the democratic form of government in the United States.
- You can work for any employer that will hire you. You do not have to work for the employer that sponsored your PERM and I-140.
- You can sponsor your spouse, minor and adult children, for an immigration visa, but not your parents or siblings.
- Your unmarried children over 21 lose their H-4 status. They can apply for F-1 status to continue their education, or for an H-1B as a Temporary worker. If they receive a Green Card before they are 21, receive
their own H-1B, or are married to a US citizen, they do not have to leave.
Investor Visas (EB-3) are designed for Foreign Nationals who want to invest in the United States. Investors must invest US$500,000 to US$1,000,000, and create at least 10 jobs (family members don’t count) in either a new company or a failing company that the investor reorganizes into essentially a new company. The amount of investment depends on where the new business will be located. The Investor must also be actively involved in the business, now just fund it.
Due to the overwhelming demand for immigration visas from these 4 countries, there is an extreme backlog in processing immigration applications for family members. The US only allows a certain number of immigrant visas each year. They are allotted on a per-country basis, and the relationship of the applicant and sponsor also affects the wait time. If you wish to sponsor a family member for an immigration visa, you should consider applying as soon as you are able, as it may take years for that individual’s classification to become current. Once your application is filed, you will have to wait until all the applications filed before yours are processed.
The USCIS announced on February 24, that the spouses of H-1B Temporary Workers with an approved I-140, are now eligible to apply for an Employment Authorization card (EAD). Spouses can apply for an EAD Card starting May 26, 2015.
This is an outstanding benefit for families who are waiting for a Priority Date to become current.
The only requirements are that the applicant be:
- the spouse of a H-1B Temporary Worker,
- that the H-1B holder have an approved I-140
- the priority date is not current
- OR the H-1B holder has used up their six years residency requirement and is still working due to extensions under AC21. (Your spouse is waiting for an I-140 approval)
Normally, a Temporary Worker (H-1B) receives a Visa for 3 years, and can receive an extension for up to 6 years. Even if you change jobs, your total allowed time is still 6 years. You can “recapture” time spent outside the United States when the extension is filed. You and your employer should consult with a lawyer before filing for an extension if you want to reclaim time. Your employer will file the extension with the USCIS. Remember that the employer is not obligated to file for an extension.