David Froman's Answers

How is Bachelors+5 and Masters +3 requirement for filing PERM

I have successfully gotten a Masters + 3 for a job zone 4 position under PERM. Your tricky area however may be the equivalency. A Bachelor's + 5 = a Masters. You have to add 3 more years to get a Masters + 3. So do you have a Bachelor's + 8 to meet this requirement? That is what you will need to show.

Selected as best answer

How to select I-485 Part 2?

Your parents are completing the I-485, one for each. If you are filing the I-130's simultaneously for them, or if you have already filed them, you will check the first box, box "a".

1 person marked this answer as helpful

I have been a good citizen of this country for over 20yrs. I have my AA degree and have no criminial record does this help?

You don't mention your parents. Were or are either of them U.S. citizens of permanent residents? But the waiting list is long. How serious are you with your fiancee? Being a "good citizen" is only going to get you so far; it is not going to cure your immigration status.

For the EB5 immigration category, is there a minimum set of salary/wage for the 10 jobs?

The jobs have to be full time: actually the positions have to be full time. You could have two employees sharing one position, for example. Wages would need to be competitive with the marketplace. However if you invest in a "troubled business," the requirement is to maintain the existing level of jobs. And if you invest in a Regional Center, they will use an economic model to compute the creation of "indirect" jobs. So there is some flexibility in your options.

Immigration question

I am assuming you are or will be at the relevant time outside the United States. You may be able to enter the United States on a visa-waiver from a participating country, but you can only stay 90 days and you cannot work. Moreover, if the H-1B is approved while you are here, you cannot change status to H-1B while you are in visa waiver visitor status, so you would have to leave and re-enter anyway on your H-1B visa.

How to tell if one should apply for green card through investment for 500,000 or 1000,000?

While the basic investment level for EB-5 is $1,000,000, the lesser investment can be made in a "targeted employment area." In general, these include rural areas and areas where unemployment exceeds 150% of the national average. However, the investment still needs to produce 10 jobs. There are several variations for the investment: a new business, an existing business, a distressed business, or--through the related Pilot Program--in a designated Regional Center. The funds must be yours,...

After OPT - F1 Again?

Find your college first and the International Student Office should take care of the necessary paperwork for you. But plan ahead. Don't wait until the last minute.

1 person marked this answer as helpful

L2 Visa for my husband / Conversion to L1B at later point of time.

1. yes 2. yes, but he will have to apply for employment permission with an I-765 and wait 60-90 days. 3. As long as you are an L-1B. 4. yes, but he may not want to because the employment card lets him work for anyone, anywhere, anytime; whereas the L-1B is limited to one position and one employer.

Can I travel safely to CANADA? Will I have trouble when I make it back to U.S.

You should check with the nearest Canadian consulate concerning whether they will let you enter Canada. They are very picky in admitting anyone with a criminal record. What is your status? The DUI should not prevent you from being admitted back to the U.S. Your worry should be Canada.

I don't have the money to hire a lawyer at this time.

Your husband can file an immigrant petition for you, but until the immigration laws change, you will not be eligible to adjust your status to permanent residence in the United States. Instead you will have to process for an Immigrant Visa at the U.S. Consulate in Ciudad Juarez. But as soon as you leave the United States, you will incur the 10-year bar for having been unlawfully present in the United States for more than one year. In this case, you will need an I-601 waiver application to...