1. If I have only a Bachelor's degree, can I qualify for an Employment Based Second Preference ("EB-2") visa petition by combining my degree with my years of experience in the field?
  NO. Degree equivalency is not applicable in immigrant petitions as it is in H-1B cases. However, you may still be able to obtain an EB-2 preference. If your employer's actual minimum requirements would be a Bachelor's degree plus five years of experience in lieu of a Master's degree, an EB-2 petition could be successful.
2. If I have an H-1B visa that is still valid, is it necessary to file for Employment Authorization (I-765) in conjunction with my Adjustment of Status application?
  NO. As long as you have not reached the six-year maximum in the H-1B category and you maintain valid H-1B status, you need not obtain an Employment Authorization Document. If your Adjustment of Status application is still pending at the time you do reach the maximum of six years in H-1B, you must at that time apply for an EAD. You should be sure to submit a timely petition well in advance of the expiration of your H-1B as the BCIS may take up to ninety (90) days to process an EAD petition.
3. May I travel outside the U.S. on my H-1B visa while my adjustment application is pending without obtaining advance parole?
  YES. As long as you have a valid H-1B visa, you may travel without advance parole.
4. Can my company take advantage of the Reduction in Recruitment program even though it is a small, modestly funded company?
  YES. RIR is not only available to large companies. Any company may take advantage of this program to facilitate the labor certification process as long as it follows the guidelines of its regional office of the Department of Labor. In some regions (Region I-Massachusetts, NH, Maine, Vermont, Rhode Island, and Connecticut) a company could have a successful RIR petition with only two advertisements in the Boston Sunday Globe for positions in the nonavailability category (Computer and IT jobs, Mechanical Engineers, Electrical Engineers, Actuaries, Occupational Therapists, Cooks, Specialty Cooks, Bakers, Live-In Domestics, and Special Handling professions.)
5. I am married, and I want my spouse to start working as soon as possible. How soon after I begin the "green card" process can s/he begin working?
  Your spouse can only begin to work once you've reached the third stage of the process, the I-485 Adjustment of Status. You must first obtain Labor Certification, which may take between six to eighteen months depending on your geographical location and whether your company files an RIR case. Second, you must obtain approval of a vise preference petition, the I-140. I-140 processing was taking up to twelve months to process in the Vermont Service Center until recently. Current processing times for I-140s at the VSC have been approximately four to six months.
6. What does my spouse have to do in order to begin working once I have completed the first two stages mentioned in question #5?
  S/he must submit an I-485 and an I-765 Employment Authorization Application in conjunction with your I-485.
7. When I submit the I-485 petitions for my family and me, must I send fingerprints with the application?
  NO. You do not submit your fingerprints with the initial petition. BCIS will send you instructions on where and when to obtain your fingerprints once you have submitted your petition. However, you must send the fee for such fingerprints with your original submission, $25 for each person over the age of fourteen.
8. How long will it take before my I-485 petition is approved?
  Processing times can vary widely. If you are in a location under the jurisdiction of the Vermont Service Center, processing time may be between 18 and 24 months. If you are under the Nebraska Service Center jurisdiction, 24 months; Texas, ; California months.
9. My friend received a "green card" in ten months, from start to finish, why is mine taking so long?
  It is impossible for anyone applying for a permanent resident petition in the second or third preference petition categories to obtain approval of the labor certification, I-140, and I-485 in such a time. A person in the EB-1 or EB-2 Extraordinary ability categories may obtain approvals at such a rate, but outside those categories, no person is receiving her or his green card in such a time frame. If anyone is asserting such a claim, I will be happy to review her/his paperwork. When posed this question, each time I have extended the offer to review the friend's case in order to establish how s/he obtained legal permanent resident status so quickly. To date, no person has forwarded such documents to me.
10. If I want to include my spouse and children in my permanent resident petition, at what stage do I submit their documents?
  You must submit their documentation prior to the submission of the I-140 visa petition.
11. Can I use my years of experience at my sponsoring employer's in order to qualify for the job offered in the labor certification?
  NO. You must have obtained the requisite experience for the job offered before joining the employ of the sponsoring company. An exception to this standard applies if the experience you secured at the sponsoring employer was in a position that is clearly different than the position listed on the labor certification application.
12. How do I establish my work experience in order to qualify for the position offered?
  You must evidence you work experience through letters from your former employers. Such letters must contain your start date (month & year), end date (month & year) and title of the position you held with the employer. The letter must be from the employer on company letterhead showing an address and telephone number.
13. What is the difference between Second and Third Preference?
  Third Preference refers to the fact that the position for which your company sponsors you requires a Bachelor's degree as opposed to a Master's degree. A Master's level position is in the Second Preference. Preferences are only relevant when you reach the I-485 Adjustment of Status (A/S) process, and only if you are from China, India, Mexico or the Philippines because those are the only countries that currently have backlogs. When you reach the A/S stage in your petition, before we can submit a petition on your behalf, there must be an available visa for you. Availability of visas is determined by priority dates. Your priority date is the date upon which the labor certification was submitted on your behalf. The Department of State publishes monthly the availability of visas in the Visa Bulletin. [link to site]. For all countries other than those listed above, visas are current in both the second and third preference categories. As long as a category is current, you are able to apply for A/S without waiting. For the delineated countries, your priority date must be before the date listed.