Sinead91

CR1 took just over 12 months. They also reached out to their congressman who may have helped expedite as her husband was Active Duty and they made a case based on that. She travelled without even receiving her EAD, she was totally misinformed and thought her receipt notice was enough (!!!!). To this day, I don't know why she didn't just ask me, but alas!

Hi Antonio, a friend of mine from Germany was in a similar situation. They ended up having to file the CR1. It did take some time, but the upside is having your GC when you arrive, rather than have that waiting game continue. The advice given so far is sound. It's an unfortunate situation but happens!

Hey, i know its way late, but I also got my DoD ID without an SSN. I got that 3 years ago and have yet to add it to my DoD information >< (I need to make the trip though), haven't had any issues with tricare whatsoever or base access.

I have seen something similar at the National Institute of Health. Part of their program requires them to confirm that they are OK with the waiver being granted. The NIH has their own process for this but it includes sending a "favorable sponsor view" to the Department of State. They require an employment offer letter as part of their process, but your organization may have their own stipulations. I would definitely recommend contacting the International Office/Service for info, it's probably quite common. Here's the NIH link also in case you're interested!

That sounds really promising!! Best of luck with the rest of the process!

It totally depends. If they're a non profit, they might receive funding from different sources that don't allow for this type of process, so the employee has to pay by default. We do not, in our organization, but unless you ask, then you won't know,

I've travelled home to Ireland with an expired GC and my extension letter for ROC (48 months for me ha ha!). But there were no issues at all. I would file straight away, there's no harm in doing so. It's going to be a long wait either way. It's also an incredibly easy packet to put together.

You’re welcome! for context: I am the immigration specialist for a cap exempt employer and file H1Bs regularly. OP, $2,500 is a lot of money for PP, but it guarantees a decision in 15 business days, or your check is refunded. best of luck!

Hi! This is not correct. You absolutely can pay the H-1B check yourself. the form i907, that accompanies it, must be prepared and signed by the employer, but the beneficiary may write the check!

You can also pay the premium processing fee of $2,500 and have your petition adjudicated in 15 business days! A non profit likely won't cover that, but if you wanted to, they might allow it.

Yes, you're right. it is a cultural exchange! Certain categories allow for longer time. In summary: she can move from J-1 to H-1B easily, once she applies for the waiver in a timely fashion. But employment based visas are never as secure as family based sponsorship. Employment terminating leads to termination of status.

Depends on the country of citizenship though. and I’ve seen some who usually WOULD be subject to 212e, not be faced with that requirement. I usually wait til the visa is in hand! OP, on what grounds are they going to be subject to 212e?

OK, with a Masters and eventual Doctorate she would be eligible for specialty occupation. The process is fairly pain free once the employee is eligible. The tricky part would be finding an employer to do so in that field, but it is feasible. J-1 to H-1B is a very common route that I see here in my workplace (different field however), and relatively pain free, especially if there is no home residency requirement. Also just an inside view from HR and employment: we rarely consider sponsoring someone in H1B if they are able to maintain status in J-1, we would only consider moving them once they've maxed out their time in J-1. Same goes for Green Card sponsorship. We rarely sponsor a green card as it is very expensive and not always a business necessity. Hope this sheds some light!

Quite honestly, it depends on her skill set. Since she would be working for a university, they could sponsor an H-1B as they would likely be CAP EXEMPT, so no lottery is required. The H-1B would allow her 6 years while she possibly files for an employment based green card, and then she could renew her H-1B until her GC comes in. The only snag with moving from J-1 to H-1B is if she would be subject to the 2 year home residency requirement (it all depends on country of citizenship and skills list). If she is subject, then she would need to file for a waiver to remain in the U.S. and transition to H-1B. What is the field of work/job title?

Carry the letter with you, but the chances of them asking about it are slim to none. Don't lie to border patrol but don't offer up information unless asked. Since you have a connecting flight, I can't imagine them giving you any hassle at all.

First option: Time: It depends from employer to employer. I mostly file H-1Bs and for our TNs, they leave the U.S. and come back and border process as it's usually cheaper for them. We allow 4 weeks for everything to put together TN I129 documentation, plus an additional 15 days for the premium processing. So that's a total of 6 weeks (that's what we calculate where I work, because we balance J-1s, H1Bs, TNs and other visas) Without premium processing ($2,500), you case can take 2 months. (that's what USCIS says right now). So there are a few things you have to consider, and also, your employer has to consider. Second option: No. An i129 is not required to border process. They can if they want, but we do not practice this. We complete a letter, detailing and outlining the work that will be completed. See below from USCIS. If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate. You may establish eligibility for TN classification at the time you seek admission to the United States by presenting required documentation to a U.S. Customs and Border Protection (CBP) officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station. You must provide the following documentation to the CBP officer: Proof of Canadian citizenship; Letter from your prospective employer detailing items such as the professional capacity in which you will work in the United States, the purpose of your employment, your length of stay, and your educational qualifications; and Credentials evaluation (if applicable), together with any applicable fees.

The employer must be the one to file the i129 for you, you cannot. Petitioner = employer Beneficiary = employee. If you remain in the U.S. and begin with a new position, the new employer needs to file the i129 on your behalf and pay the filing fee. You will likely be expected to cover the premium processing also as you need an approval notice to start this. The other option is the leave the U.S. and re-enter with the new letter from your new employer.

That sounds like it may be an error. When I file H1Bs at work, the USCIS form is very trippy and will put the Beneficiary name in the Petitioner box all the time and I need to manually change it. That's what it sounds like to me!

Have you called USCIS?

How do you know they reused your biometrics?

What is the basis of your adjustment of status? Marriage to USC? When did you file? The benefit of filing for STEM OPT is that you can expedite the i765 now ($1,500), so you can continue to work.

Thanks, that's a good learning point. I'm not familiar with G visas so wasn't able to find the relevant info, but looks like you have your answer. As for your PD for your i140, let us know what your counsel advises you of. These are rare cases and from others I've seen online, no one comes back to update on how it proceeds. good luck!

Following for info. I also have questions, why do you think you need to leave your H-1B status? Your status is not dependent on your spouse's employment, so I do not think that you would need to move to a G4 dependent status, and cannot find anything that states otherwise but would be curious to see what an attorney would say. What was the basis for your i140? EB2? PERM? It could be straightforward but there seems to be a few moving parts with the H-1B, i140 and a G1/G4.

If you find a new employer they would need to file a new H1B for you. You can only change employer / extend an H1B when you are in H1B status, which you are not currently.

I do not think it is likely that your expedite case will be approved, but it's not impossible. All you can do is try, but I would not be hopeful. With the current backlogs at USCIS, expedite requests just add more paperwork. If you can fill out your timeline here on visa journey and list also the country of the beneficiary it might give us a better indication. When did you file? What stage is your K1 at? I wish you the best in your K1 journey and thank you for your service.