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HB1 caps, I-130 petitions, resident cards

By Humera Subhani Email By Humera Subhani
July 2014
HB1 caps, I-130 petitions, resident cards

I have not received either a receipt notice or a rejection for my case which was filed under this year’s H1B cap. Does this mean that my case was not accepted for the quota this year?
Most applicants and law firms started receiving the first group of returned H1B filings for cases that were not selected in this year's H1B lottery, in the first week of June. Most premium processing cases have also been adjudicated, as well as some in the regular processing path. Although it is not an absolute, if you have not received a receipt notice by now, it is very likely that your case was not selected for this year’s lottery and you will not be able to obtain your H1B this fiscal year. You should look at other possible options depending upon your status and future goals.

I have an approved I-130 petition filed as married son of U.S. citizen and the priority date is finally current after many years. However, I have gone out of status for the past few years. Can I still apply for my green card?
Unfortunately, for most categories of family based immigration (immediate relatives are an exception), you must maintain your status in order to apply for adjustment of status at the time the priority date is current. In this situation, you would not be able to apply for adjustment, since you are out of status. However, if the I-130 was filed before April 30, 2001 (under the 245(i) law or “Clinton law” as it is commonly called), then you would be able to pay a penalty of $1000 and file your case. If you were the beneficiary of any other I-130, or labor certification before that date, and you were in the U.S. when that law was passed, on December 20, 2000, then you should be able to file your case, after consulting with an immigration lawyer.

I received my 2-year conditional resident card through marriage, but am now going through a divorce. Can I still obtain my permanent card, without my ex-spouse’s help?
Over the past ten years, this has become a more and more common scenario. Although you should consult a professional for more specific advice, the general answer is, yes, you can still obtain your permanent card. When you file your I-751 form (within 90 days prior to your card’s expiration date), you will file it as a “waiver of joint filing.”

You will have to provide as many joint documents as possible to prove that you were married and living together. That list can include tax returns, bank statements, utilities, health, life, or car insurances, photos on trips, etc.

Most likely, you will be scheduled for an interview, so the officer can ask you some details regarding your marriage. However, if you have sufficient documents, you should not have a problem in getting a permanent residency card.

Has the validity period of Form I-693 changed?
Starting June 1, 2014, USCIS will limit the validity period for all Forms I-693, Report of Medical Examination and Vaccination Record, to one year from the date of submission to USCIS. Applicants must also submit Form I-693 to USCIS within one year of the immigration medical examination. USCIS has also provided additional ways to submit Form I-693 at http://www.uscis.gov/i-693

**Disclaimer: These questions are answered in a general manner. You should always consult an immigration lawyer to explain the details of your case before making any immigration related decision.

VISA PREFERENCE NUMBERS FOR July 2014

 

FAMILY

India

Pakistan/Bangladesh

1st

01Apr07

01Apr07

2A

01May12

01May12

2B

01May07

01May07

3rd

15Oct03

15Oct03

4th

22Dec01

22Dec01

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Sep08

Current

3rd

01Nov03

01Apr11

Other

01Nov03

01Apr11

4th

Current

Current

5th

Current

Current1B

 



 

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