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  • How to Apply for J2 EAD: New Application and Renewal Process

    The J2 EAD (Employment Authorization Document) allows dependents of J1 visa holders to work in the US. J2 EAD extension/renewal is possible up to the end date mentioned on your DS-2019. The J2 EAD processing time typically takes an average of 3-8 months. To apply for a J2 EAD card, you must file a paper application by mail with the USCIS. J2 visa holders are not eligible for online filing of Form I-765, which is needed for the EAD application. My spouse was on a J2 visa, and we applied for his J2 EAD application followed by subsequent extensions/renewals. In this blog, I will cover everything you need to know about the J2 EAD application process, starting from the cover letter for J2 EAD, required documents, validity, processing time, and premium processing service. Table of Contents: J2 EAD Application Cover Letter Processing Time Validity Documents Required Sample Check Premium Processing Filing Address Status Check J2 EAD Cover Letter Sample This letter serves as the cover page for your J2 EAD application. While a cover letter is not mandatory for J2 EAD applications, including one can improve the chances of application approval. Feel free to customize the following template for a new J2 EAD application or renewal. [Your Name] [Your Address] [City, State, ZIP Code] [Date, Month, Year] United States Citizenship and Immigration Service RE: Request for J2 Employment Authorization Document [Extension] Dear Sir/Madam, I am writing to request an [extension/ a new application] for my J2 work authorization. My name is [Your Name], and I currently reside in the United States under J2 status, accompanying my spouse, [J1 Visa Holder Name], who is a postdoctoral researcher at the [University of California, Riverside (SEVIS No. _________)]. I wish to [start/ continue] my employment to gain experience in the American workplace culture. The income generated will be utilized for pursuing my career interests, such as [part-time master's classes and other recreational/cultural activities], and not for supporting my spouse. My spouse's annual income of $_____ is sufficient to cover our day-to-day expenses. I kindly request your consideration in granting me [an extension of] work authorization. Thank you in advance for your attention to this matter. Sincerely, [Your Name] Enclosed are all the required documents to support my J2 EAD application: Filing fee check, photographs & I-765 application Copy of I-797A approval notice Copy of the latest I-94 Copy of DS-2019 Copy of all pages of passport and visa Copy of DS-2019, last 3 months pay stubs (primary J1 visa holder) Copy of I-94, passport, and visa (primary J1 visa holder) Marriage certificate J2 EAD Processing Time The J2 EAD application process typically takes an average of 3-8 months depending upon which service center is processing your request. In our experience, the initial J2 EAD application and its three renewals each took an average of 3-4 months to process. It's important to note that processing times can vary between different cases and service centers. In our case, all applications were processed at the USCIS Potomac Service Center. While it's challenging to predict exact processing times, our experience may provide you with a general idea. If you plan to renew your J2 EAD, it's advisable to apply for the extension well in advance. J2 EAD renewals can be submitted up to 6 months before the expiry date. J2 EAD Validity The validity of the J2 EAD is typically one year. USCIS generally authorizes J-2 employment for one year or until the expiration date of the J-1 visa holder's DS-2019. When you receive a new DS-2019, you become eligible to apply for the renewal of your J2 EAD. As previously noted, the renewal process can be initiated at least 6 months before the current EAD's expiration, provided that your DS-2019 has been updated. In our situation, we consistently received one-year J2 EADs and submitted the extension application annually. Related: How to apply for a B2 visa for parents? J2 EAD Renewal Documents or New Application Below are the documents needed for a new J2 EAD application or renewal: Completed and signed I-765 application G-1145 form (optional) Copy of I-94 Copy of passport pages (front and back) Copy of visa stamps Copy of all DS-2019 Copy of previously issued EAD cards (if any) Payment of $520 by check or money order payable to the U.S. Department of Homeland Security. Two passport-size color photos: Include two passport-size color photos with your EAD application. Place the photos in an envelope labeled "Photos". On the back of each photo, lightly print your name and A-Number (if applicable) using a pencil. Cover letter (optional) Copy of marriage certificate (with certification of translation if not in English) You would be filing a J2 EAD application under (c)(5) category - Spouse/dependent of J1 exchange visitor on the I-765 form. J1 Visa Holder's Documents for J2 EAD Application Copy of all DS-2019 Copy of passport pages front and back Copy of all visa stamps Copy of I-94 form Last 3 months' pay stubs J2 EAD Sample Check I am attaching a J2 EAD sample check for your reference. The J2 EAD application fee is $520, and your check should be payable to the "U.S. Department of Homeland Security." Please remember to date and sign the check. Optionally, on the back of the check, you can mention the applicant's I-94 number with a light pencil. The following check has been updated to reflect recent USCIS changes in the EAD application fee. J2 EAD Premium Processing Premium processing is not available for J2 EAD applications. Only certain categories of F1 visa holders can apply for premium processing for the I-765 form. Related: How to apply for premium processing? J2 EAD Filing Address Please visit the USCIS website to find the appropriate filing address for your J2 EAD application. The website will provide state-wise details for sending all the required documents. For overnight or courier delivery, FedEx has been our preferred choice, but you can choose a service that suits your convenience. To organize the documents, we recommend using file binders with tabs, labeled and numbered as mentioned in my other post. This organization makes it easy for the officer to review all the documents efficiently. Arrange the documents following the structure outlined in the sample cover letter. When attaching the check, use a paper clip and affix it to a blank page. Similarly, place the photos in a small envelope and attach them with a paper clip to a blank page. Avoid using a stapler. This method helps keep your application organized and facilitates a smoother review process. J2 EAD Status Check Upon receiving your case, USCIS will issue a receipt notice (Form I-797C) containing a unique receipt number. This number allows you to check your case status online. You can visit the USCIS website to track your case. Please don't hesitate to post any questions in the comment section, and I will do my best to provide helpful answers. Best of luck! FAQs: J2 EAD Application What is the category for the J2 EAD application? J2 visa holders, who are dependents of J1 visa holders, can apply for Employment Authorization Document (EAD) under category (c)(5). Do I need any sponsorship to apply for J2 EAD? No, you don't need any form of sponsorship for the EAD application. You can file for a J2 EAD card as long as you are a dependent of a J1 visa holder and possess a valid DS-2019, and you can do this yourself. No need for a lawyer. Can J2 work without EAD? No, a J2 visa holder needs a physical EAD card to begin working. Next: J1 Waiver Process Related Posts ✔ Go to Main Menu ✔ How long can I stay after J1 visa expires? ✔ How can I get a green card? Related Topics

  • How to Apply for H4 EAD First Time: Guide to the H4 EAD Application

    Hello! If you're considering applying for an H4 EAD for the first time, I'm here to guide you through the H4 EAD application process. I'll cover H4 EAD eligibility, the H4 EAD document checklist, how to fill out the I-765 form, H4 EAD processing time, and highlight some common mistakes. Table of Contents: H4 EAD Process Summary H4 EAD Application Process for First-Time Applicants H4 EAD Eligibility Criteria USCIS Guidelines H4 EAD with Approved I-140 H4 EAD with Pending PERM or I-140 H4 EAD Document Checklist for First-Time Applicant (or Renewal) H4 EAD Check Sample File Form I-765 for First-Time Applicant I-765 Filing Address H4 EAD Processing Time Common Mistakes to Avoid When Applying for H4 EAD for the First Time FAQs on the H4 EAD Process I'll walk you through the renewal or extension process, which should begin 180 days before your current EAD's expiry. You can expect the processing time to range from 3.5 to 10 months. Feel free to reach out with any questions – I'm dedicated to making your H4 EAD application process as smooth as possible! H4 EAD Application Process for First-Time Applicants Overall, I will explain the following in detail, covering all the aspects of the H4 EAD process. If you think I should add something, feel free to provide feedback in the comments section below, and I will try to add those details to the best of my knowledge. First, we will check the eligibility criteria. Next, gather the necessary documents required for the H4 EAD application. After that, fill out form I-765. Submit the H4 EAD application. Wait for USCIS processing and approval. Receive H4 EAD card (and SSN if applicable). Go through FAQs about the H4 EAD application process. H4 EAD Eligibility Criteria for First-Time Applicants Before we jump into H4 EAD eligibility criteria, note that You can file H4 EAD only when you are physically present in the US You don't need any job offer to apply for H4 EAD You can not file H4 EAD online, this can be done only by mail. F1 visa holders are eligible for online application though, you can read this in detail in this blog USCIS Guidelines for H4 EAD Eligibility Primary H1B visa holder should have an approved I-140. OR If primary visa holder is on H1B status under AC21 sections 106(a) and (b) i.e. your H1B has been extended beyond 6 years and you have PERM filed (pending or approved) and I-140 filed (pending or approved) for over 365 days, then also you are eligible to file H4 EAD. I would recommend consulting your employer/ attorney for this special case. H4 EAD with Approved I-140 If you are the principal beneficiary of an H1B visa holder with an approved form I-140, Immigrant Petition for Alien Worker then you are eligible for H4 EAD. For example, children (unmarried) under the age of 21 and spouses of H1B visa holders are eligible for H-4 status, and so for H4 EAD. Related: Change of Status from H1B to B2 So if your primary visa holder is on a valid H1B status and has an approved I-140 (either from your current employer or past employer, just make sure it's not revoked by checking the status online) and your visa type says H-4, you are good to take benefit of H-4 EAD. H4 EAD with Pending PERM or I-140 (H1B > 6 years) If the primary H1B visa holder has been granted an extension on H1B after six-year under the AC21 act i.e. you are in your 7th year of H1B and your PERM is pending for more than 365 days then also you can apply for H4 EAD. Related: B2 visa for parents If your PERM is approved but I-140 is pending, still you can apply for H4 EAD. Again for this case, please talk to your employer/attorney. This happens when there is a massive backlog in USCIS processing for PERM or I-140, sometimes it takes 1-2 years for approval. Reference: Under AC21 § 106, an H-1B nonimmigrant can receive H-1B status beyond the six-year maximum, in one-year increments, if 365 days or more have passed since either an application for Alien Labor Certification (Form ETA 750A-B or ETA 9089) or a petition for an immigrant worker (Form I-140) has been filed on the alien's behalf. H4 EAD Document Checklist for First-Time Applicant (or Renewal) Once you know that you are eligible to file for H4 EAD, let us see what documents you would need to file I-765 by mail. There is no online H4 EAD application process yet, as mentioned earlier, as of now online is mainly for the F1 category only. H4 EAD fees: The fee is $520. You can pay with a money order, personal check, or cashier’s check or by credit card using Form G-1450, Authorization for Credit Card Transactions. If you want to pay by personal check, cashier's check, or money order, you must make your check payable to the "U.S. Department of Homeland Security". Recent photographs: You would need 2 passport-size recent photographs. Mention the I-94 number on the back of the photograph with a pencil. See how you can print passport-size photos using your phone. Form I-765: The eligibility category will be c(26) for H4 EAD. Legal status proof: You would need the most recent I-94 form and your I-797 approval notice. Photo ID: Passport (front and back pages), visa stamp copy, or EAD copy (EAD copy is not for the first-timer, but in case you are renewing). Your DL or State ID will not work for the photo ID requirement. Relation to primary H1B holder: A copy of your marriage certificate in English. H4 EAD eligibility: Copy of H1B spouse's I-797 approval notice for form I-140. Form G-1145 (optional): This will help notify you via text or email. You can download it here. Cover letter (optional): This is also optional but it will help an officer to understand your case better. You can refer to this for writing. Even if you are applying for renewal or extension, the above document checklist will remain the same. Quick Tip for Renewal: If you have a USCIS notice from your last EAD, you would have received a notice with sample bar codes that can be used for extension, and that will help USCIS officers speed up your application. Please include it if you still have it. If you don't have it, it's not mandatory to include it. H4 EAD Check Sample I am attaching a sample check so that you can verify it. The H4 EAD fee is $520 and your check should be payable to "U.S. Department of Homeland Security". Don't forget to date and sign it. At the back of the check (optional), you can mention the applicant's I-94 number with a light pencil. File Form I-765 for First-Time Applicant You can download the latest version of the I-765 form from the USCIS website. There is also documentation on I-765 instructions which is very simple to follow. The H4 EAD category code you need to use is c(26). Download and print the I-765 form from the link provided. Select reason for applying: Initial permission if you are a first-timer or Renewal for extension or Replacement for lost cards. Fill in your personal information: If you have a single name, use FNU in the given name and your actual name in the Last name. Read more about FNU's name here. You can also apply for an SSN card if the applicant doesn't have one. Just select "No" for 13.a. and then select "Yes" for Q14 & 15 and provide your father's and mother's names in Q16 & 17. Choose the H4 EAD eligibility category as c(26) on question 27. Provide your signature: Sign and date the form. Pay the filing fee: I always preferred to pay via check. Mail: Mail the completed form with supporting documents via USPS, UPS, FedEx, etc. I-765 Filing Address I-765 filing address will depend on your eligibility category, refer to the USCIS website. Please verify the address before dispatching your documents as this might change in the future. Wait for the USCIS decision. You can track the status here. You will receive the SSN card via mail after EAD is approved. You will also get electronic alerts if you have filed (optional) the G-1145 form. H4 EAD Processing Time There are only 4 centers that process the c(26) category which is for H4 applicants and processing time might vary between 3 to 10 months depending upon which service center is processing your application. H1B, H4 COS, and H4 EAD: You may speed up the processing of your H4 EAD if you apply for an H1B extension for the primary visa holder along with a Change of Status (COS) to H4. For detailed information, you can read more about this process here. Expedite request: You can explore the option of expediting the H4 EAD application based on humanitarian reasons. There are no fees for this service, but the consideration of your case depends on the reason you provide and USCIS's discretion. For more details, you can read about it here. However, you can check the current processing times on the USCIS website here. Current California service center processing time is around 6.5 months, this can change in the future. Common Mistakes to Avoid When Applying for H4 EAD for the First Time If you send the wrong fee, USCIS will reject your application. Pay the exact fees needed. Biometrics fees would not be required for H4 EAD. Do not use a short abbreviation like "USCIS" while writing (payable to) the check. USCIS will reject it. I always preferred to personal check to make payments because that way you can also see if you are application is getting processed, just keep checking your bank balance and when $520 is deducted. Fees has changed recently to $520. If your photographs are not recent then our application will be rejected. Do not wear a white shirt/ top and the background should be off-white. Do not forget to sign and date the form before you mail it. While mailing the application, first keep the check on top, second, photograph in a small envelope, then form G-1145 (optional), and then I-765 and the rest of the supporting documents. Use a nice file folder like this: FAQs on the H4 EAD Process Can I file H4 EAD online? No, currently H4 EAD can be done only via mail and the online facility is not available for H4 applicants. Can an H4 visa holder work in the USA without EAD? No, you must file Form I-765, Application for Employment Authorization, to request employment authorization as an H-4 dependent spouse. You must receive an Employment Authorization Document (EAD/Form I-765) from USCIS before you may begin working. How to track the status of your first-time H4 EAD application? Once you receive the receipt number, you can track your application on the USCIS website. It's the same process as checking any other case on USCIS. What is the current processing time for H4 EAD? H4 EAD processing time for 80% of cases is between 3 to 6 months. USCIS provides an estimated processing time range for I-765 applications on its website, which is regularly updated. You can find it here. What is the alien number on the I-765? If you have previously held an H1B, OPT, or any other type of Employment Authorization Document (EAD), you can locate your alien number on those documents. The alien number is the same as the USCIS number on the EAD card. If you do not have an alien number, please leave this field blank. Is there premium processing for the H4 EAD application? No, there is no premium processing for H4 EAD. However, as explained earlier, you might be able to speed up your H4 EAD application: If you need to file an H4 COS, H EAD along with an H1B extension (in premium). Or you can submit an expedited request based on Humanitarian reasons. Next: Expedite H4 EAD Related Posts ✔ Go to Main Menu ✔ How to apply for an OCI card ✔ How to apply for a minor's passport Related Topics

  • Sample Cover Letter for H4 EAD

    I have consistently used the following sample cover letter for my H4 EAD applications, and I have not encountered any rejections. Please feel free to make any necessary modifications. Thank you Dataneb for publishing this. Sample Cover Letter for H4 EAD [Your name] [Your mailing address] [City, State, and Zip Code] [Email address] [Phone number] [Date] To: United States Citizenship and Immigration Service Re: H4 Employment Authorization Document (EAD) Application Applicant: [Insert your name] Alien-Number: [If applicable] Dear Sir/Madam, I hope this letter finds you well. I am writing to formally request the processing of my H4 Employment Authorization Document (EAD) application. My name is [insert name], and I was granted an H4 Visa on [insert date] based on my spouse's, [insert spouse's name], valid H-1B Visa status, along with an approved I-140 Immigrant Petition. Enclosed with this letter, you will find all the necessary supporting documents as outlined in the USCIS guidelines: Application fees: Check in the amount of $520 payable to "U.S. Department of Homeland Security". Completed and signed Form I-765. Copies of my passport with visa pages. Copies of my spouse's passport. Copies of approved I-797 notices for both H4 and H1-B. Copies of Form I-94. Copy of marriage certificate (and translation if not in English). Copy of my previous EAD (if any). 2 color photographs. Completed Form G-1145. I kindly request that USCIS process my EAD application at your earliest convenience. If there are any additional documents required or if you have any questions, please feel free to contact me at [insert your address]. I appreciate your time and attention to this matter. Thank you for your consideration. Sincerely, [Insert your name] Next: Apply for H4 EAD Related Posts ✔ H1B grace period with severance pay ✔ B1/B2 visa for parents ✔ Change of status from H1B to B2 Related Topics

  • Current Family-Based Green Card Priority Date for India for Permanent Residency

    This page provides information on the current green card priority date for India for family-based permanent residency in the F1, F2A, F2B, F3, and F4 categories. If the applicant's priority date on the I-797 notice for the I-130 petition is earlier than the current date mentioned below, then you are eligible to proceed with your immigrant visa application process, like the I-485 or DS-260 application, which is the final step in obtaining a green card. I-485: If the applicant is physically present in the United States and is eligible to adjust status to permanent resident status, they typically file Form I-485 with USCIS. DS-260: If the applicant is residing outside of the United States and is applying for an immigrant visa through consular processing, they generally complete Form DS-260, which is processed by the Department of State. The U.S. Department of State releases a monthly visa bulletin, and the dates presented here reflect the regularly updated 'Date for Filing' and 'Final Action Date' per visa bulletin. Please bookmark ⭐ this page for future reference. Last updated: Based on the May 2024 Visa Bulletin published by the US Department of State. Family-Based Green Card Priority Date for India: Key Points Generally, USCIS uses the 'Dates for Filing' chart if the Department of State's Visa Bulletin allows it for that month. 'Dates for Filing' typically precede the 'Final Action Date' and allow applicants to start certain parts of the application process earlier. The 'Final Action Date' is the cutoff date determining when green cards can be issued based on the priority date of the immigrant petition. FAQs on Family-Based Green Card Priority Date India Who can apply for a family-based green card? You can get a green card If you are an immediate relative of a U.S. citizen. Immediate relatives are not subjected to visa quotas (no cap on the number of green cards that can be issued) and generally have more favorable immigration processing. Even the concept of a priority date does not apply to immediate relatives. Parent of a U.S. citizen (if the citizen is 21+). Spouse of a U.S. citizen. Unmarried child under 21 of a U.S. citizen. The following relatives are eligible based on the "preference immigrant" category: First preference (F1) - Unmarried children (21 years and older) of U.S. citizens. Second preference (F2A) - Spouses and unmarried children (under 21 years old) of lawful permanent residents. Second preference (F2B) - Unmarried children (21 years and older) of lawful permanent residents. Third preference (F3) - Married children of U.S. citizens. Fourth preference (F4) - Siblings of U.S. citizens (if the citizen is 21+). What is the current priority date for parents of U.S. citizens? For parents of U.S. citizens, there isn't a "current priority date" in the same way as other family-sponsored preference categories. Parents of U.S. citizens are considered immediate relatives and are not subject to the priority date system that applies to preference categories like F1, F2A, F2B, etc. Therefore, they do not have to wait for a priority date to become current. What is the processing time for a family-based green card for Indian parents? The processing time for a family-based green card for Indian parents typically ranges from 12 to 16 months, but actual processing times may vary depending on the USCIS backlog and workload. As an immediate relative, you can file Form I-485 concurrently with Form I-130. Next: Green Card vs Citizenship Related Posts ✔ Do Green Card holders need visas for Canada? ✔ How to expedite the USCIS application? Related Topics

  • How to Expedite H4 EAD Application without Premium Processing Request?

    There is no premium processing service available for the H4 EAD, I-765 application. However, you can submit an Expedite Request. There are situations where we may face time-sensitive situations and need to expedite our H4 EAD application. For instance, an immediate job opportunity may require the EAD as soon as possible to start work, or in a situation where one loses their job and, due to a lapse in the grace period, switches to an H4 visa, expecting to obtain the H4 EAD quickly to resume employment. Table of Contents: H4 EAD Expedite Request H4 EAD with H1B Premium Processing H1B to B2 back to H1B H4 EAD Expedite Request Contacting a Congressman FAQs on H4 EAD Expedite Request In these situations, you can speed up your EAD application in a few ways. One of the simplest options is to submit an expedited request with USCIS. If your request is accepted, you can expect faster processing for your H4 EAD application. There is no application fee for expedited requests. In this blog, I will explain the various ways to speed up your H4 EAD application. While you may not fit into all the scenarios mentioned below, you can decide based on your situation. H4 EAD with H1B Premium Processing Suppose you lose your job while on an H1B visa, and your 60-day grace period ends. One option could be switching to an H4 visa if your spouse holds an H1B visa (with an approved I-140) and you intend to obtain an EAD for employment. However, it's important to note that this transition can be a very time-consuming process. In this case, you can expedite your application by applying for an H1B to H4 change of status and H4 EAD concurrently with the primary H1B premium processing. This option is applicable only when you are filing for an H4 Change of Status (COS) and H4 EAD, along with the primary H1B petition (Form I-129). Imagine a situation where the primary H1B holder needs to extend or renew their petition, while the dependent needs to transition to an H4 visa through a change of status and simultaneously apply for an H4 EAD. You can read about this process in detail here. Related: H1B, H4 and H4 EAD concurrent filing If the primary H1B holder doesn't need to extend or renew their visa anytime soon, it may be more efficient to travel back to their home country and apply for an H4 visa using the DS-160 form. This process tends to be much faster. Once you obtain the H4 visa, return to the US and apply for the H4 EAD. You can begin looking for a job at this point. After applying for the H4 EAD, you can request expedited processing once you receive the receipt number. In the upcoming section, we will discuss expedited requests in detail. H1B to B2 back to H1B In this situation, assuming you have an approved I-140 and are waiting for your priority date to become current, and you don't have the flexibility to switch to an H4 visa, individuals often move to a B1/B2 visa if they can't find a job within the 60-day grace period on their H1B while staying in the country. In this case, you don't need an EAD, and the expectation is that once you find a job, you will switch back to an H1B. However, the processing time for a pending B1/B2 application is so long, around 6-9 months, that you might find yourself in a tough situation, wondering whether you should leave the country or wait for the B1/B2 COS result first. Some employers make it mandatory to undergo consular processing, which can sometimes result in 221(g) administrative processing, a process with no definitive timeline for the final result. Due to this uncertainty, employers sometimes avoid hiring candidates facing such circumstances and opt for those with work authorization. Additionally, some employers take advantage of this situation by requiring candidates to pay premium processing fees for H1B applications and lawyer fees, typically offering lower compensation. The good news is that you can file a new H1B petition (change of status) while your B1/B2 application is pending, and it can be processed in premium processing. USCIS states that both the change of status to B1/B2 and the change of status back to H1B will be processed together. You can read about this process in detail in the following blog. Related: Change of Status to B2 H4 EAD Expedite Request While USCIS doesn't typically offer expedited processing for H4 EAD applications, in certain circumstances, such as severe financial loss, emergencies, or humanitarian reasons, you can request expedited processing. Examples include financial loss, new job opportunities, emergencies, and humanitarian reasons. Note that the expedited processing is different from premium processing. When submitting an expedited request for an H4 EAD, having the right documents can make a big difference. Documents like medical bills, house loan papers, auto loan documents, bank statements, and credit card bills can help demonstrate the financial challenges you're facing and why you urgently need to work. For instance, medical bills prove unexpected expenses, while house and auto loans demonstrate financial commitments. Credit card bills show ongoing expenses that need to be met. Providing these documents strengthens your case and increases the chances of getting approval for the H4 EAD expedited request. You can dive into more detailed information on this, starting with practical examples and step-by-step instructions on how to initiate the expedited request by visiting the following blog. Related: Humanitarian reasons to expedite request Contacting a Congressman Another option is to reach out to a senator or congressman. While contacting them doesn't guarantee EAD approval, they can certainly assist in expediting your EAD application. To request their assistance, you can visit their official website and search for sections related to visa and immigration help or federal agency assistance. To support your expedited request, you'll need to provide evidence of financial loss or an emergency. This documentation will serve as the basis for your request and strengthen your case for expedited processing. You can read about this in detail in the following blog. Related: Contacting congressman for expedited request FAQs on H4 EAD Expedite Request Can job loss be considered as financial loss for an H4 EAD expedited request? Yes, job loss can be portrayed as a significant financial setback. By providing documents such as mortgage bills, auto loans, home insurance, and credit card statements, you can demonstrate the immediate financial burdens stemming from unemployment. These records underscore the pressing need for the EAD to avoid substantial financial losses. Additionally, highlighting potential repercussions like the possibility of selling assets such as the house or car, as well as the potential disruption to children's education mid-session, further emphasizes the urgency of expediting the EAD process. Next: Example I-485 expedite request Related Posts ✔ USCIS Premium processing ✔ Options after H1B layoffs ✔ How to apply for B1/B2 visa for parents Related Topics

  • Applying for a Change of Status to B1/B2 Tourist Visa from Other Visas like H1B, J1, or F1

    If you're in the US and wish to apply for a change of status from an H1B visa to a B1/B2 visa, possibly after a layoff, or from an F1 visa, or J1 visa, etc., you'll need to complete the I-539, the change of status form. You can complete the I-539 form yourself (no need for a lawyer), and it should be done before your grace period ends. If you are on an H1B visa, you should apply for a change of status within 60 days of the H1B grace period. Related: H1B grace period with severance When filling out the I-539 form, ensure that you clearly state the reason for the change of status and demonstrate why you need it. Make sure you provide sufficient documents to support your financial condition. It's important to note that USCIS allows individuals to search for a new job or interview while in B-1 or B-2 status. Therefore, clearly explain that you need some time to search for a job due to a recent layoff, and that's why you are filing for a change of status to a B1/B2 visa. Can I look for a new job while in B-1 or B-2 status? Yes, searching for employment and interviewing for a position are permissible B-1 or B-2 activities. By statute, however, you may not engage in employment within the domestic labor market (also known as “local labor for hire”) while in B-1 status or engage in any employment while in B-2 status. Before beginning any new employment, a petition and request for a change of status from B-1 or B-2 to an employment-authorized status must be approved, and the new status must take effect. Alternatively, if the change of status request is denied or the petition for new employment requests consular or port of entry notification, the individual must depart the United States and be admitted in an employment-authorized classification before beginning the new employment. Reference: USCIS (look for this question under the change of status section). Table of Contents: Change of Status to B1/B2 Visa Can I Change the Status to B1/B2 Visa? Change of Status to B1/B2 Visa from Other Visas Applying for Change of Status Sample Letter How to Fill Form I-539 Processing Time What should I do if I find a job when my B1/B2 application is pending? Documents Required FAQs on Change of Status to B1/B2 Whether you're on a different visa or already in the country, understanding how to apply for a change of status to a B1/B2 visa is important. This blog will simplify the process for you, outlining the required documents, eligibility criteria, and other essential factors to consider when applying for a change of status to a B1/B2 visa. Can I Change the Status to B1/B2 Visa? The B1/B2 visa is intended for temporary stays, so applicants should have a clear intention of staying temporarily while on this visa. Below are the main categories of people who apply for a change of status to B1/B2. Visa Holders: Individuals holding different types of visas like H1B, F1, etc. can apply for a change of status to a B1/B2 tourist visa. For exceptions, refer to the USCIS website for the latest information. In-Country Applicants: Those already in the US can request a change of status using form I-539 without leaving the country. Change of Status to B1/B2 Visa from Other Visas Various visa holders consider changing their status to a B1/B2 tourist visa for temporary stays in the United States. Common scenarios include: Related: Options after job loss on H1B F-1 Student Visa Holders: Students may switch to a B1/B2 visa for leisure or travel purposes if their authorized stay on an F1 visa is ending soon. H-1B Visa Holders: Professionals with an H-1B work visa typically apply for a change of status to a B1/B2 visa during a job loss or when their visas are expiring to avoid 'unlawful presence'. J-1 Exchange Visitors: If your J1 visa doesn't require the INA 212(e) two-year home residency, you can change your status to B1/B2 visitor status. However, if your J1 visa has the INA 212(e) two-year home residency requirement, changing your status within the US is not possible. L-1 Intracompany Transferees: Employees under the L-1 visa may consider switching to B1/B2 for personal reasons during gaps between assignments (same company). Note that each case is unique, and individuals should thoroughly review eligibility criteria and consult with legal professionals for personalized advice. Applying for Change of Status to B1/B2 Applying for a change of status to a B1/B2 involves the following steps. Eligibility: Ensure you meet the eligibility criteria for changing to a B1/B2 visa. Earlier in this post, we already discussed which visas qualify. Typically, this involves maintaining legal status, having a valid reason for the change, and intending a temporary stay for tourism or personal reasons. Prepare Required Documents: Collect necessary documents, including Form I-539 (Application to Extend/Change Nonimmigrant Status), a letter explaining the reason for the change, proof of financial ability to cover your stay, and other supporting documents. File Form I-539: Complete and submit Form I-539 along with the required supporting documents to U.S. Citizenship and Immigration Services (USCIS). Pay the associated filing fee of $370. Wait for USCIS Response: USCIS will review your application. Be patient during the processing period, which can take several months. You may check the status online using the USCIS case status tool. Receive USCIS Decision: Once USCIS reviews your application, you'll receive a decision. If approved, your status will be changed to B1/B2. If not, you have to immediately leave the country. Stick to Visa Rules: After approval, adhere to the conditions of your B1/B2 visa, such as maintaining legal status and leaving the U.S. before the authorized stay expires. Sample Letter for Change of Status to B1/B2 [Date] [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] U.S. Citizenship and Immigration Services [Service Center Address] [City, State, ZIP Code] Subject: Request for Change of Status to B1/B2 Tourist Visa Dear USCIS Officer, I am writing to formally request a change of status from my current H1B visa to a B1/B2 tourist visa for a temporary stay in the United States. I am providing the necessary documents as outlined in the Form I-539 instructions to support my application. These include: Completed Form I-539, Application to Extend/Change Nonimmigrant Status. A detailed cover letter explaining my reasons for the change, emphasizing my desire for a temporary stay. Copy of my current H1B visa and I-94 arrival/departure record. Passport biographic page and copies of previous U.S. visas. Proof of financial ability to cover my stay, including recent bank statements. Passport-sized photographs adhering to USCIS specifications. Documentation establishing my ties to my home country, such as property ownership, and family relationships. I understand and respect the regulations governing the change of status process and assure you that my stay in the U.S. will comply with all applicable laws. I am committed to returning to my home country upon the conclusion of my temporary stay and will not engage in unauthorized employment during this period. I appreciate your time and consideration of my application. If there is any additional information needed, or if an interview is required, I am more than willing to provide the necessary cooperation. Thank you for your attention to this matter. Sincerely, [Your Signature] [Your Typed Name] How to Fill Form I-539 for Change of Status to B1/B2 Here's a detailed guide on how to fill out Form I-539 for a change of status to B1/B2 visa: Download the Form: Visit the official USCIS website and download the latest version of Form I-539. Read Instructions: Carefully read the accompanying instructions provided by USCIS. These instructions provide essential guidance on completing the change of status form. Part 1: Information About You (Principal Applicant): Fill in your details, including your name, address, date of birth, and other relevant information. Part 2: Application Type: Check Box "3.a. Change of Status" to indicate you are applying for a change of status. Part 3: Processing Information: Provide information regarding your current non-immigrant status, the date you were admitted to the U.S., and details of any previous extensions or changes of status. Part 4: Additional Information About Applicant: Answer questions about your previous immigration history, criminal record (if any), and other relevant details. Part 5: Declaration: Sign and date the form to certify that the information provided is accurate and complete. Part [6,7]: Interpreter Information: Typically you will be filling out the I-539 form yourself, so no interpreter's detail is required. Part 8: Additional Information: If you need additional space to explain your answers, use this section and attach extra sheets. Form I-539A (if applicable): If there are family members included in the application, such as dependents, they should each complete a separate Form I-539A. Supporting Documents: Attach the necessary supporting documents, including the letter explaining the reason for the change, proof of financial ability, and any other required materials. Fee Payment: Include the filing fee of $370 with your application. Check the USCIS website for the current fee amount. Mail the Application: Review your application thoroughly, make copies of all documents, and mail the complete application. You can find the addresses here. B1/B2 Change of Status Processing Time USCIS processing times for a change of status to a B1/B2 visa could range from 3 to 9 months, depending on the service center processing your case. What should I do if I find a job when my B1/B2 application is pending? Many of us wonder what happens if we find a job and need to join. Do we need to wait for the result of the B1/B2 change of status? The answer is no. There is a lot of misinformation in the market, with some suggesting that the new employer may require you to go through consular processing, which could result in receiving a 221(g) notice and facing extensive processing times. Based on the latest USCIS guidelines, if you file for an H1B visa using premium processing while your B1/B2 visa application is still pending, USCIS approves your B1/B2 visa right away within the H1B premium processing timeframe. At the same time, they decide on your change of status from B1/B2 to H1B. This means you won't need to go through consular processing because both the approval of the B1/B2 visa and the decision on the B1/B2 to H1B change of status happen while you're in the US, waiting for a decision. Will my pending I-539 change of status application to B-1 or B-2 be prioritized if I find a new employer who files an I-129 petition with a request for premium processing service? If an employer files a Form I-129 petition on your behalf, along with a request for premium processing service, USCIS will generally process the pending I-539 and the I-129 together during the premium processing timeframe and issue concurrent decisions. This means there should be no delay in adjudication of the I-129 because of the pending I-539. No formal request is required for the pending I-539 to be prioritized. If USCIS approves the I-129 petition, including any requested change of status, then you generally will obtain the nonimmigrant status requested on the I-129 petition (not the I-539), and may begin working. You generally would not need to depart the United States to obtain the requested nonimmigrant status in this scenario. Reference: USCIS (look for this question under the change of status section). Documents Required Following are the documents required to apply for a change of status to B1/B2, these might slightly change for different visa statuses but not a lot. Form I-539: The completed and signed Application to Extend/Change Nonimmigrant Status. Filing Fee: Mostly, the Form I-539 fee is $370. Check the USCIS website for the current fee amount. Cover Letter: A letter explaining the reason for the change to B1/B2 status. Clearly state your intentions for a temporary stay, such as tourism, medical treatment, or personal reasons. Supporting Letter: Any additional supporting letters, if necessary, to provide more details about your situation. Proof of Financial Ability: Documentation showing that you have the financial means to cover your stay in the U.S. This may include bank statements, pay stubs, or a letter from a sponsor. Passport: A copy of your passport, including the biographic page with your photo and other relevant information. Current Visa: A copy of your current visa and I-94 arrival/departure record. Form I-20 or DS-2019 or I-797 Approval Notices: If you are currently on an F or J visa, include a copy of your Form I-20 (for F visa) or DS-2019 (for J visa). If you are on an H1B or L1 visa, include the I-797 approval notice. Photographs: Provide passport-sized photos as per USCIS specifications. Proof of Ties to Home Country: Documents showing strong ties to your home country, such as property ownership, or family relationships, to demonstrate your intent to return after the temporary stay. I-539A (if applicable): If there are dependents included in the application, each dependent should complete a separate Form I-539A. Other Supporting Documents: Include any additional documents relevant to your specific situation, such as marriage certificates, birth certificates, or educational transcripts. Remember that immigration procedures and requirements may change, so it is crucial to consult the most recent guidelines on the official USCIS website or seek legal advice for personalized assistance. Wishing you a smooth and successful application process. FAQs on Change of Status to B1/B2 Where do I mail my I-539 form? USCIS mailing addresses may vary depending on the state you are in. You can find the latest mailing address and any updates on the USCIS website or contact the USCIS National Customer Service Center at 1-800-375-5283 for assistance. How much is the fee for change of status filing? The filing fee for Form I-539, which is used for a change of status to a B1/B2 visa, is $370. However, fees are subject to change, and it's crucial to check the most recent information on the official USCIS website or contact USCIS directly to confirm the current filing fee. Can my change of status petition or application be expedited? Yes, you can request USCIS expedite processing for a pending B1/B2 change of status, one of the reasons could be financial loss based on the job offer. Read more. Next: H1B Grace Period Related Posts ✔ How to expedite H4 EAD? ✔ How to get H4 EAD in 15 days ✔ How to file H1B to J2 change of status Related Topics

  • Contacting a Congressman to Submit an Expedited Request for a USCIS Immigration Case

    Many people are unaware that contacting a congressman or senator can help expedite their immigration case with USCIS. You can submit an Expedite Request for EAD applications, I-485 applications, J1 waivers, etc., through a Congressman if: You're experiencing significant delays in response from USCIS and don't have the option for premium processing available. You have a strong, valid, and time-sensitive reason for expediting your case. However, contacting a Congressman or Senator should be your last resort. I previously explained humanitarian reasons and how you can submit an expedited request with USCIS through their virtual chat assistant, Emma, or by calling USCIS. Related: Humanitarian reasons for Expedite Request Table of Contents: Congressman USCIS Expedite Request Reasons for Expedite Request Contacting Congressman/Senator for Expedite Request CONGRESSMAN SENATOR Supporting Documents for Expedite Request to Congressman USCIS Expedite Request Letter Sample Expedite Request Denied What Next FAQs on Congressman USCIS Expedite Request Reasons for Expedite Request Reasons for expedited requests could include financial loss, humanitarian concerns, job opportunities, or any other time-sensitive scenarios. Regardless, you should have sufficient documentation to support your Expedite request. It's important to note that you should not expedite applications for which premium processing services are available. For applications like H4 EAD, J1 waiver, and I-485, where premium processing services are unavailable, you can request expedited processing without any additional fee if you have a compelling reason. Related: I-485 Expedite Request Note that while this process doesn't guarantee approval, the congressional representative will collaborate with federal agencies on your behalf, potentially speeding up your case. This collaboration, however, does not ensure approval, but you can expect faster processing. It's essential to remember that Senators represent the entire state, while Congressmen represent specific districts within each state; these are two separate representatives. It's advisable not to contact both of them simultaneously, as this may create confusion and lead to delays. Typically, individuals contact their Congressmen in their respective districts. Contacting Congressman/Senator for Expedite Request Congressmen and Senators usually have dedicated staff to handle these types of requests. Once you contact them and provide the necessary details, it may take a few days to a week for them to approach USCIS representatives. CONGRESSMAN Locate your specific representative using your address and ZIP code. Check here. You will find details regarding both Democrat and Republican representatives. See the below screenshot. Check their official website (click their names) for contact information and the preferred method of communication. Typically, you will find links like Need help with 'Passport and Immigration', 'Agency Assistance', or 'Federal Agency' on their website. SENATOR Find the contact details for your Senators on their official websites. Check here. Senators often have both Washington, D.C., and local state offices. Contacting the local office will be faster. There will be two senators per state. Understand that Senators may deal with a broader range of issues but may have more resources to handle constituent concerns. Once you know whom to contact, you can reach out to them via email or call them. Typically, individuals reach out to them via email. If you need faster assistance, contact them via phone. Supporting Documents for Expedite Request to Congressman Expedite Request Letter or Email: Clearly outline the reasons for expediting your case, such as financial loss, humanitarian concerns, job opportunities, or any other time-sensitive situations. You can refer to the template in the next section. Documents: Include relevant documents supporting your case, such as medical records, job offer letters, financial statements, financial bills, bank statements, police reports, or any other documentation that validates the urgency of your case. Also, include copies of any letters, emails, or notices you have received from USCIS related to your case. Case Receipt Notice: Don't forget to provide a copy of the receipt notice for your immigration application to help the Congressman's office identify and track your case. Your Contact Information: Make sure your letter includes accurate contact information so that the Congressman's office can reach you easily for further clarification or updates. USCIS Expedite Request Letter Sample Subject: USCIS Expedite Request for [Your Name] - [Case Number] Dear [USCIS Representative's Name], I hope this email finds you well. I am writing to request an expedited review of my immigration case due to [briefly explain the reason for an expedited request, such as urgent medical treatment, impending financial loss, or other time-sensitive circumstances]. My case details are as follows: Applicant Name: [Your Name] Case Number: [Your Case Number] Application Type: [Type of Application, e.g., Adjustment of Status, EAD, Waiver, etc.] Date of Application Submission: [Date of Submission] I have attached supporting documentation that outlines the urgency and necessity of expediting my case. [Describe any attached documents briefly, such as medical records, police reports, job offer letters, etc]. I understand that expediting a case is at the discretion of USCIS, and I assure you that I have provided all necessary evidence to support my request. I kindly request your prompt attention to this matter and would be grateful for any assistance you can provide in expediting the processing of my application. Please let me know if there are any additional steps I need to take or if you require any further information from my end. Thank you for your attention to this urgent matter. Sincerely, [Your Name] [Your Contact Information] [Your Address] Expedite Request Denied What Next If your expedite request is denied, it's not necessarily the end of the road. You have two options: Wait: The denial is specifically for the expedite request and not for your original application. If you feel that your expedite reason wasn't compelling enough or lacked sufficient evidence, you can choose to wait for regular processing. Re-appeal: If you believe you now have sufficient evidence to prove your case, you can consider submitting another expedite request. It's important to note that the final decision on your expedite request rests solely with USCIS, and it may vary depending on the reviewing officer. Therefore, it's essential to carefully assess your situation and provide strong supporting evidence when making an expedite request. It's advisable to hire an attorney if you have a complicated case. I hope you find this blog helpful and that it may potentially speed up your case. If you have any questions, feel free to ask, and I'll do my best to assist you. Please note that I am not a lawyer and do not have any affiliation with legal professionals. I have personally experienced expedited processing a couple of times, and I'm sharing my experiences here. Thank you. FAQs on Congressman USCIS Expedite Request Can non-U.S. citizens contact the congressman to expedite immigration cases? Yes, you can. But usually, it's U.S. citizens, like the immigrant's spouse or family, who talk to their elected representatives called congresspeople. That's because these representatives are chosen by U.S. citizens. Non-U.S. citizens have also succeeded, but sometimes it might be harder to get their attention. Also, getting in touch with a congressperson might not always change things a lot. However, there is no harm in trying. Related: Green Card vs Citizenship What is the typical response time from USCIS for a congressional inquiry regarding immigration matters? The response time from USCIS for a congressional inquiry regarding immigration matters can vary, but generally, you can expect a response within 30 days. How to contact a Congressman or Senator? To contact a Congressman or Senator, find their contact details on their official website or use online tools mentioned earlier in this blog to identify them. Choose the appropriate office (local or D.C.), compose a concise message, and reach out via email, phone, or mail based on your urgency. What's the fee for a USCIS Expedite Request? $0. There are no fees for a USCIS Expedite Request. Next: Humanitarian reasons for an expedited request Related Posts ✔ J1 waiver expedite request ✔ How to request USCIS premium processing? Related Topics

  • Green Card vs Citizenship: Key Differences to Know Before Converting from Permanent Resident to Citizenship

    In the United States, possessing a Green Card vs holding citizenship are two different immigration statuses. The Green Card, also known as a Permanent Resident Card (shown below), permits individuals from other countries to live and work in the U.S. permanently. On the other hand, citizenship is the highest immigration status, granting individuals full rights and privileges. While a Green Card provides a pathway to citizenship (also called naturalization), not everyone with a Green Card becomes a citizen or wants to become a citizen. Table of Contents: Green Card vs Citizenship Citizenship Citizenship for children Right to vote Physical presence Government jobs Deportation risk Citizenship responsibilities Travel flexibility Dual citizenship Green card validity US passport Tax implications Inheritance rules Sponsorship ability Ease of entry and exit FAQs So, it's important to know the key differences between having a Green Card and being a citizen, especially if you're thinking about changing from a Green Card to citizenship. Let's look at the good and not-so-good things about having a Green Card versus being a U.S. citizen. Green Card vs Citizenship The main differences between green card holders (permanent residents) and having citizenship in the United States revolve around rights, privileges, and responsibilities. Here are some key differences: 1. CITIZENSHIP Green card holders are not U.S. citizens, and citizens enjoy additional rights. U.S. citizenship can be acquired in two main ways: by birth (either born in the U.S. or to U.S. citizen parents) or through the process of naturalization (green card to citizenship). 2. CITIZENSHIP FOR CHILDREN Children born to U.S. citizens or green card holders, whether in the U.S. or abroad, automatically receive U.S. citizenship. However, if a child is born abroad to green card-holding parents, citizenship requires additional steps like filing for a CBRA (Consular Report of Birth Abroad). Related: U.S. passport application for minor 3. RIGHT TO VOTE U.S. citizens have the right to vote in federal elections, whereas green card holders cannot participate in federal voting because they are considered non-US citizens. 4. PHYSICAL PRESENCE To obtain a green card, physical presence in the U.S. is not required. You can also apply for a green card from abroad. However, to become a U.S. citizen (through naturalization), one must meet residency requirements, typically residing in the U.S. for five years (or three years if married to a U.S. citizen). 5. GOVERNMENT JOBS Some government jobs and security clearances are reserved for U.S. citizens, making citizens more eligible for certain employment opportunities. 6. DEPORTATION RISK Green card holders may face deportation if they violate certain immigration laws, while citizens cannot be deported for immigration-related reasons. 7. CITIZENSHIP RESPONSIBILITIES Citizens have civic duties, such as serving on juries and registering for selective military service (for males between 18 and 25), which do not apply to green card holders. 8. TRAVEL FLEXIBILITY Citizens, can travel freely and live abroad without risking their citizenship. Green card holders, on the other hand, are generally advised not to stay outside the U.S. for more than six months at a time. However, there is no specific written rule for this. Green card holders can apply for for re-entry permit which allows them to travel abroad for 2 years. 9. DUAL CITIZENSHIP A U.S. citizen can hold dual citizenship with another country. However, other countries might not allow dual citizenship. For example, if you are from India, you must give up Indian citizenship, as India does not permit dual citizenship, even though the U.S. does. 10. GREEN CARD VALIDITY Green card holders can live indefinitely, but their permanent resident cards are typically valid for 10 years, requiring green card renewal. In contrast, citizenship has no expiration; once you become a citizen, you remain a citizen. 11. U.S. PASSPORT U.S. citizens are eligible to apply for and receive a U.S. passport. Green card holders, however, do not have this privilege. One of the main benefits of having a U.S. passport is that you don't need a visa to travel to several other countries, including Canada, Mexico, the UK, European Union countries, Japan, Australia, New Zealand, South Korea, etc. Related: U.S. passport application for minors 12. TAX IMPLICATIONS U.S. citizens are subject to worldwide income taxation, meaning they must report income earned both within and outside the country. Green card holders may also have tax obligations, but they are generally not taxed on their income abroad if they maintain their permanent resident status. 13. INHERITANCE RULES U.S. citizens have the right to transfer their assets to heirs with fewer tax restrictions compared to green card holders. 14. SPONSORSHIP ABILITY U.S. citizens have broader sponsorship capabilities for family members in the immigration process compared to green card holders. U.S. citizens can sponsor green cards for close relatives, including spouses, children, parents, and siblings (brothers and sisters), through family-based immigration. 15. EASE OF ENTRY AND EXIT U.S. citizens face fewer restrictions when entering or exiting the country, experiencing smoother processes at borders and airports compared to green card holders. U.S. citizens can also seek assistance from U.S. embassies while traveling abroad, whereas green card holders may have limited access to such support. FAQs on Green Card vs Citizenship What is the minimum stay in the U.S. before applying for a green card? There is no strict minimum residency requirement for a green card application, meaning there isn't a specific number of days you must be present in the U.S. to apply for a green card. If you are eligible, you can even apply for a green card from abroad. What is naturalization? Naturalization is the process through which a foreign citizen becomes a citizen of another country. In the context of the United States, naturalization refers to the process by which immigrants become U.S. citizens. It involves meeting certain eligibility requirements, including residency, good moral character, English language proficiency, and knowledge of the U.S. government and history. Once these requirements are met, eligible individuals can apply for naturalization. What are the 5 requirements to become a U.S. citizen? These are the 5 requirements to become a U.S. citizen through naturalization: Residency: Stay in the U.S. continuously to meet time requirements. Green Card Holder: Have a green card for about five years (or three if married to a U.S. citizen). Good Person: Be a good person, following U.S. laws and rules. Speak English: Know and use English well, though there are exceptions for age and residency duration. Civics Test: Pass a test about the U.S. government and history, with possible exemptions based on age and time in the U.S. What's the minimum stay in the U.S. for citizenship after getting a green card? As per USCIS guidelines, individuals must have continuous residence as a Green Card holder in the U.S. for five years before applying for citizenship. However, qualified spouses of U.S. citizens are eligible to apply after three years of continuous residence. Can I apply for U.S. citizenship after 3 years of green card? Yes, you can if you are applying as the spouse of a U.S. citizen. Can a green card holder apply for citizenship before 5 years? No, unless you are the spouse of a U.S. citizen, you must fulfill the 5-year residency requirement on the green card before applying for naturalization. What are the steps to convert from a green card to citizenship? Here are the steps to transition from a green card to citizenship: Determine your eligibility to become a U.S. citizen like residency requirement, etc. Prepare and submit Form N-400, Application for Naturalization. Attend the biometrics appointment if required. Complete the interview with USCIS. Await a decision on your Form N-400 application. Receive a notice to take the Oath of Allegiance. Take the Oath of Allegiance to the United States. Congratulation! You are now a U.S. citizen. How much does it cost to become a U.S. citizen? To file Form N-400 and become a U.S. citizen, the fee is $640. If applicable, add the $85 biometric fee, bringing the total to $725. This is per individual, each dependent will have a separate fee. What happens to a non-U.S. citizen after they request citizenship? USCIS will schedule an interview with you to complete the naturalization process after your N-400 application is processed. Next: Tourist visa for USA from India Related Posts ✔ Do green card holders need visas for Canada? ✔ Indian Passport Renewal in the USA ✔ How to apply for B1/B2 visa for parents? ✔ How to apply for an OCI card in the USA for a minor? Related Topics

  • H1B Layoff: What Are the Options If You Get Laid Off on H1B?

    After being laid off on an H1B visa, it's undoubtedly a challenging situation. However, there are options available to navigate through this difficult period. Here are the potential alternatives or steps you can consider if you find yourself in a similar situation on an H1B visa. I was recently laid off while on an H1B visa and approached Dataneb to publish this article, hoping it could be useful for others facing similar circumstances. Table of Contents: H1B Layoff H1B Layoff Trends Options After H1B Layoff Change of Status Finding Job After H1B Layoff Departing US FAQs on H1B Layoffs H1B Layoff Trends Below is the H-1B layoff trend in the last five years. One of the major layoffs occurred when COVID hit, and the second wave of layoffs was post-COVID. Options After H1B Layoff Experiencing an H-1B layoff can be challenging, but there are several options to consider: Payroll Extension Request: Be honest, explain your situation, and request your employer to run payroll for some time to buy yourself additional time. Typically, if you have a good relationship with your employer, they may consider your request, granting you an additional 1-2 months. As long as your payroll is active, you will not be out of status. Find Another Job and Transfer H-1B: Start looking for a new job. Once you secure a job offer, your new employer will need to file an H1B petition. You can commence work as soon as you receive the receipt number. Fortunately, I managed to secure a job within the 60-day H1B grace period. Further Education: Pursuing higher education in the U.S. on an F-1 visa might be an option. This could provide you with additional time to find new opportunities while gaining new skills. Change of Status: Explore alternative visa options to determine if you qualify for a different type of visa that enables you to legally stay in the US. For instance, you might consider changing your status to a B1/B2 tourist visa. Consult an Immigration Attorney: Immigration laws are complex and subject to change. Consulting with an immigration attorney can help you navigate the process, understand your options, and ensure compliance with regulations. Leave the US: If you are unable to find a new employer or qualify for a different visa, departing the US becomes necessary. You will need to leave within the grace period provided by USCIS, typically set at 60 days. Leaving the country is not the end of the world, you can still look for a sponsor from your home country. Change of Status If you are on an H-1B visa and have been laid off, you may be eligible to change your status to a different visa category. Here are some visa categories that you may be able to switch to: F-1 Student Visa: If you are interested in pursuing further education in the United States, you may be able to switch to an F-1 student visa. Your status will change from H-1B to F-1, and your dependents' status will change from H-4 to F-2. B1/B2 Visitor Visa: If you do not have immediate plans to work in the United States but would like to stay for a short period, you and your family can switch to a B1/B2 visitor visa. Read more. H4 Dependent Visa: If your spouse is on an H1B visa, you can switch to an H4 visa. Furthermore, if your spouse has an approved I-140, you can apply for an H4 Employment Authorization Document (EAD) and work in the US. If the primary H1B visa holder has an upcoming extension, you can file an H1B extension, your H4 Change of Status (COS), and H4 EAD together and request premium processing. Read more. J2 or F2 Visa: If your spouse is on a J-1 or F-1 visa, you can switch to a J-2 or F-2 visa temporarily and concurrently continue searching for a job. Read more. Finding Job After H1B Layoff Finding a new job quickly after an H-1B layoff can be challenging. I recognize that being laid off adds an extra layer of difficulty to the process, but there are a few steps you can take to expedite the job search and increase your chances of success. Update Resume: Do not upload the same resume everywhere. Make sure your resume is tailored to match the job details. It's beneficial to add a few lines to your resume based on the specific requirements of the job. Leverage Your Network: This greatly assisted me in scheduling interviews within a short period. Reach out to your professional and personal contacts to explore potential job opportunities that align with your skills. Additionally, consider joining online networking groups and connecting with recruiters on LinkedIn. Online Job Boards: Utilize online job boards like Glassdoor, Indeed, and LinkedIn to search for job opportunities in your field. Customize your search by location, job title, and other relevant criteria to narrow down your options. One of the significant advantages post-COVID is the abundance of remote job opportunities. Work with a Staffing Agency: Consider working with a staffing agency that specializes in your industry. They can help match you with job opportunities quickly that align with your skills and experience. Be Proactive: Follow up on job applications and reach out to potential employers directly to express your interest in their company and inquire about any job openings. Remember to stay organized, track your job search progress, and be patient, as finding a new employer on an H-1B visa may take time. If you are getting a 3 to 5% response for your job application, you are doing well. Ensure that potential employers are aware of the H-1B visa process and are willing to sponsor you before investing significant time and effort into the application process. Departing US If you are on an H-1B visa and have been laid off, you automatically receive a 60-day grace period. It's important to note that any severance notice period is considered separate from the USCIS grace period. The grace period, granted by USCIS, allows H-1B visa holders time to make arrangements to depart the United States or find a new employer to sponsor their visa. Related: H1B grace period with severance If you are unable to find a new employer or qualify for a different visa within the grace period, you will need to depart the United States before the grace period ends. If you fail to depart the United States within the grace period, you may be subject to deportation and future visa ineligibility. FAQs on H1B Layoffs How long can I stay on H1B without a job? H1B visa holders have a 60-day grace period to stay in the US without employment, assuming their I-94 remains valid during this period. Can an H1B visa holder enter the US if laid off while abroad? It's not advisable to enter the US on an H1B visa if you have been laid off while outside the US. Essentially, when entering on an H1B visa, you cannot tell the CBP officer that you are still working for that employer. Doing so would be illegal. If you are serving a notice period and you have a future termination date, in that case, you can travel using your H1B visa. Otherwise, you should consider entering the US on other visas, such as a tourist visa. What are the consequences of H1B out of status? Consequences of being out of status on an H1B visa may include: Unlawful presence Deportation Ineligibility for extensions or change of status Impact on future visa applications Complications for adjustment of status (permanent residency) Next: Change of Status to B2 Related Posts ✔ How to apply for H4 EAD ✔ How to expedite the USCIS application ✔ Premium processing Related Topics

  • H1B Visa Stamping in USA for Indian Citizens Pilot Program

    The pilot program for H1B visa stamping in the USA will accept applications from January 29, 2024, to April 1, 2024, for visas issued in India and Canada, with an MRV fee of $205. If you meet the eligibility criteria, you can apply for H1B visa stamping within the USA using the DS-160 form. Table of Contents: H1B Visa Stamping in the USA H1B Visa Stamping in USA Slots H1B Visa Stamping in the USA Eligibility Documents Required for H1B Visa Stamping in the USA FAQs on H1B Visa Stamping H1B Visa Stamping in USA Slots There will be a maximum of 20,000 slots available. Specifically, 2,000 slots per week will be open for applicants whose last H1B visa was issued from India, and the same number of slots will be available for applicants with visas issued from Canada. Application slots will be released on the following dates: January 29, 2024 February 5, 2024 February 12, 2024 February 19, 2024 February 26, 2024 H1B Visa Stamping in the USA Eligibility This pilot program is exclusively for renewing H-1B nonimmigrant visas; other visa categories, including H-4 visas for dependent spouses and children, won't be processed under this initiative. The prior H-1B visa being renewed must have been issued by U.S. Mission Canada between January 1, 2020, and April 1, 2023, U.S. Mission India between February 1, 2021, and September 30, 2021. The applicant was most recently admitted to the United States in H-1B status. Currently maintaining H-1B status in the United States. Must possess an approved and unexpired H-1B petition. The period of authorized admission in H-1B status has not expired. Intending to reenter the United States in H-1B status after a temporary period abroad. Applicants should not be subject to a nonimmigrant visa issuance fee (commonly known as a "reciprocity fee"). Eligible for a waiver of the in-person interview requirement. Must have submitted ten fingerprints to the Department in connection with a previous visa application. The prior visa should not have a "clearance received" annotation. Do not have a visa ineligibility that would require a waiver before visa issuance. You can check your eligibility here: USCIS website Documents Required for H1B Visa Stamping in the USA According to USCIS guidelines, these are the documents required for H1B visa stamping in the USA: Completed DS-160 form with barcode: Start here. Passport valid for at least six months beyond the visa application date, with two blank pages. Recommended: Passport with the most recently issued H-1B visa $205.00 non-refundable application fee paid online after completing DS-160 One passport-sized photograph Copy of H1B approval notice (Form I-797) Copy of Form I-94 Visit the USCIS website for more details. FAQs on H1B Visa Stamping in the USA For the domestic visa renewal pilot program, which location should I choose when filling out the DS-160 form? You need to select 'US-DOMESTIC' while filling out the DS-160 form for the H1B visa renewal pilot program. To fill DS-160 form visit the CEAC website. How to pay the MRV fee for H1B stamping in the USA? You can make the payment of $205 on the USTravelDocs website after completing the DS-160 application. How do H1B dependents get stamping done under this program? Under this program, H1B dependents, specifically H4 visa holders, are currently not eligible for visa stamping in the USA. They need to renew overseas at a US embassy. Next: H1B to B2 Related Posts ✔ How to apply for an OCI card ✔ How to get H4 EAD in 15 days ✔ Current green card priority date Related Topics

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