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Immigration Q&A - January 24, 2010 Q1: Religious Worker PortabilityI have an approved religious worker visa and my green card is waiting for approvel. I was wondering if I can switch to another church before I get the green card? The answer is no if you still want to obtain the green card. The law, specifically AC21, allows porting between employers where there is an approved I-140 and a pending I-485 but religious workers are not included in this legislation. You will have to remain with you sponsoring employer until your I-485 is approved. Q2: J1 Waiver for a J2 HolderI have J1 visa and my spouse J2 visa. Our visa expires on February 6, 2010 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in March, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made. Canceling the labor certification is not required. You can file simultaneous EB1 and NIW petitions and We can help you with a waiver. You do not need to stay here until the decision to be made but it's not possible to process the case without you. Q3: Copying a Naturalization CertificateHi, I recently obtained US citizenship through your firm and got my naturalization certificate. I see that on hte certificate it says that I cannot copy it. But I want to bring my parents to the US and I know that they'll need copies. Wha to do? While the naturalization certificate does state that it is unlawful to duplicate, it is in fact alright to make copies for lawful purposes such as proving citizenship in order to sponsor immigrant family members. |
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The Messersmith Law Firm, P.C. |
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