Help! I have an interview notice for my employment-based green card - what can I expect?
 
USCIS is now sending interview notices for employment-based adjustment of status cases that were filed in the summer of 2007. While interviews are most common for marriage-based adjustment of status filings, USCIS can and does conduct them for employment-based cases as well. USCIS does not conduct an interview for every employment-based case.
 
Why me?
 
USCIS may select an employment-based adjustment of status case for an interview if you have a criminal record, if you have left the employer who originally filed the labor certification for you, or they may select the case at random.
 
What should I take with me, and how should I prepare?
 
The interview notice will list the documents that you must take with you to the interview. Sometimes USCIS uses the same document checklist for employment-based cases as they do for family-based cases. Because of this, some of the documentation on the list may not apply to your case. For example, USCIS will not need the personal tax returns of your "sponsor" (your employer), unless you work for a sole proprietor. In addition to the documents on the interview notice, you should take the following:
 

 If you have received an interview notice for the employment-based adjustment of status application and have any questions about the process, please contact our office to set a consultation with one of our attorneys.

 

Did you know that H-1B's are still available? 

In recent years, the H-1B cap has been met the first day of filing. This year, the cap has not yet been met. As of July 24, 2009, USCIS has received approximately 44,900 cap-subject H-1B petitions. Further, approximately 20,000 petitions qualifying for the advanced degree cap exemption have been filed. USCIS continues to accept both cap-subject petitions and advanced degree petitions.
 
What does this mean for you?

 

The H-1B petition remains a viable alternative for employers and employees alike! Now is an especially good time to file the H-1B. H-1B employees who are subject to the cap cannot start working until October 1. When an employer files the H-1B in April for an October start date, it's sometimes hard to find placements, obtain contracts, etc. However, October 1 is now right around the corner. This means employers may be able to more easily find placements and secure contracts. Meanwhile, H-1B employees can now tell employers that they will be ready to work (assuming the H-1B petition is approved) within a matter of a few weeks.

 

On a J-1? Have you checked lately to see if you are still subject to the 2 year home residency requirement?
 
Some foreign nationals who come to the US in J-1 status are subject to the two year home residency requirement. One reason a foreign national may be subject to the requirement is because their skills are on the "skills list." The skills list is a list of skills, organized by country. Each particular country lists those skills that are rare in that country. If a person's "skill(s)" is on the list, he/she is subject to the 2 year home residency requirement. Until recently, the skills list has been terribly outdated. However, a new list has been published, effective June 28, 2009.
 
What does this mean for you?