It's Good To Be Able To Live And Work In The U.S. Freely, Isn't It?

H1b VISA TIPS

H1b Visa Transfer

According to the American Competitiveness for the 21st Century Act (AC21), a foreign national who is previously granted with H-1B employment visa status may transfer to a new H-1B job provided that the new employer has filed a non-frivolous petition on behalf of the foreign national. Also, it requires that the alien has not accrued unlawful presence in the United States.
H-1B visa holder may start working for new employer prior to the approval of H-1B visa transfer.

You can apply for an H1B transfer more than once.

You are allowed to apply for an H1B visa transfer with more than one company at the same time

How long can you stay in the U.S. on an H1b ?

On H1B visa, one can't stay for more than 6 years. If required to come again on H1B visa, then one has to stay outside USA, for atleast one year, before re-entering.You may be eligible for extension beyond 6 yrs if your green card process and your labor is pending for more then 365 days or you have applied for 485/AOS.
GREEN CARD TIPS

Green Card Application Tips

You can apply to more than one category simultaneously

"Q: How do I stay work-eligible in the U.S. if it will take so long to
get a green card?

A: H-1B's are protected against long green card waits in
two ways: 1)if you have a pending labor cert, filed
before the end of your 5th year of H time, you can extend
your present H in annual increments,indefinitely, and
until approval of your I-140; 2) if you have an approved
I-140 and are prevented from filing an I-485 due to green
card backlogs, you can extend your H in three year
increments, until your priority date is reached."

Processing Time for NIW Category

4-5 months

Sample Letter of Recommendation for National Interest Waiver (NIW) Category #1


March 26, 2006


U.S. Department of Homeland Security
Bureau of Citizenship and Immigration Services
Texas Service Center
P.O. BOX 852939
Mesquite, Texas 75185-2939

Dear Sir/Madam,

I strongly support the National Interest Waiver application for Ming Wang, M.D, Ph.D.. Dr. Wang is an extraordinary young scientist who is making significant contributions to our understanding of cancer biology and cancer metastasis and to the design of novel and potent therapy of cancer metastasis utilizing the exciting gene therapy and immunotherapy approaches capable of inhibition of angiogenesis and, hence, progressive growth of metastatic cancer.

1. The Cancer Genomic Center at The xxx Cancer Center

Despite great improvements in diagnosis, surgical techniques, and systemic therapy, the majority of cancer patients still die of metastases (cancer spread). The Cancer Genomic Research Center is probably the most comprehensive research center worldwide. It is dedicated to better understand the biology of cancer spread leading to the design of new approaches to therapy. The biomedical research in the Cancer Center includes basic, translational, and clinical research. As a Professor and Chairman of the Department of Molecular Biology and Director of the Cancer Genomic Research Center, I have worked in this field for approximately 20 years. Enclosed please find my curriculum vitae documenting my qualifications to recommend Dr. Ming Wang to you.

2. Qualifications of Ming Wang. M.D.

Dr. Ming Wang received the M.D. and Ph.D. degrees from xxxxxx Medical University. Dr. Wang is a highly intelligent, dedicated, and extraordinarily competent young scientist. Dr. Wang was a postdoctoral fellow in my laboratory from February, 2001, through November, 2003, when he received a promotion to the rank of Research Associate. He is an extraordinarily gifted and dedicated young scientist. He has played a major role in the design, execution, and analysis of novel and complex studies of gene therapy against human cancer and has already made significant contributions to the field. Dr. Wang is the author of several full-length publications in prestigious journals and manuscripts submitted for publication or in preparation dealing with the most exciting new development of a novel therapeutic vaccine against primary cancers and cancer metastases. This unique work will be published in one of two outstanding journals. I am committed to the success of Dr. Wang's research career and offered him the position at the annual salary of $39,000. Dr. Wang's work is of such immense importance that I gave him a position on my Grant Award from the National Cancer Institute, National Institutes of Health.





3. Scientific Contributions of Dr. Wang

During the last decade, it has become clear that the progressive growth and spread (metastasis) of cancer cells to distant organs is dependent on the induction and maintenance of vascular supply. The generation of new vasculature (angiogenesis) is influenced by the balance between proangiogenic and anti angiogenic molecules. Work from my laboratory demonstrated that the absence of interferon-beta is responsible for robust angiogenesis associated with cancer. Dr. Wang worked on determining whether therapy using the interferon-beta gene can be used to suppress angiogenesis and, hence, inhibit growth of cancers. Among his excellent contributions, I cite the following:

a. Dr. Wang constructed appropriate viral vectors to carry the IL-2 gene and injected these vectors into tumors growing in mice. He discovered that the mechanism involves the downregulation of the proangiogenic molecules, basic fibroblast growth factors, and metalloproteinases-2 (JNCI, 2003).

b. Dr. Wang discovered that tumor regression subsequent to introduction of the IL-2 gene into primary neoplasms was associated with induction of systemic immunity and, hence, regression of tumors distant from site of therapy (Cancer Research, 2004).

c. Dr. Wang used the novel gene therapy against human prostate cancers growing in the prostate of athymic nude mice with dramatic therapeutic results (JEM, 2005).

d. Inhibition of blood vessel formation, i.e., angiogenesis, is an exciting novel method for therapy of cancer. Dr. Wang discovered that the enzyme elastase expressed in neutrophils (white blood cells) is most important for the induction of angiogenesis. Because neutrophils can infiltrate into tumors, they can accelerate the growth of the tumors. Dr. Wang is now concentrating on finding suitable inhibitors for neutrophil elastase to be used as a universal inhibitor of angiogenesis and, hence, tumor progression and metastasis.

e. The most important discovery made by Dr. Wang involved the design of new and novel vectors to introduce the interleukin-2 gene into tumors. Specifically, he used tumor cells infected with a lentinovirus engineered to carry the interleukin-2 gene. This discovery is novel, exciting, and far-reaching. The single intratumor injection of this unique interleukin-2 construct produced not only complete regression of actively growing tumors, but also destruction of distant lung metastases. Dr. Wang identified the therapeutic mechanism to be immunological in nature. In short, in contrast to a prophylactic vaccine, Dr. Wang's work in my laboratory succeeded in producing an effective therapeutic vaccine for cancer (submitted for publication).

This exciting development has been processed for a patent application, and the data are submitted for publication. The development of this new vector for introducing genes into cancer and the induction of therapeutic immune response constitute the foundation for a new approach to gene therapy of metastasis, a development which is clearly in the national interest.

4. National Interest

The major cause of death from cancer is due to cancer spread and growth (metastasis) in organs distant from the primary tumor. Improvements in therapy will only come from a better understanding of the mechanisms that regulate cancer metastasis. The work in my laboratory is sponsored by an RO1 Grant from the U.S. National Cancer Institute, National Institutes of Health. Dr. Ming Wang's development of a new and novel gene therapy-immunotherapy for cancer and especially cancer metastasis holds tremendous promise of better therapy for this devastating disease.

The importance of this research to the national interest means that it should be continued by an exemplary young researcher such as Dr. Wang. I am convinced that it is in the best interest of the United States to grant him permanent residency, thereby assuring continuation of his important research. I therefore support his National Interest Waiver application with great enthusiasm.


Sincerely yours,

Sample Letter of Recommendation for NIW #2


[On Corporate Letterhead]

[Date]


U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services

Dear Sir or Madam:

[Introduction generally describing the writer’s current position and their professional background. (A copy of their resume or curriculum vitae should also be submitted.)]

In my role as [Role in which writer knew Beneficiary], I had the pleasure to work with and get to know [Beneficiary’s Name]. [Provide a general description of how the writer was familiar with the Beneficiary and his/her work.]

[If the writer has personal knowledge, he/she should describe the Beneficiary’s achievements and accomplishments in his/her field, e.g. outstanding research projects, awards received, distinguished faculty positions, etc., and either give evidence of, or give his/her opinion as to, the impact of such accomplishments.]

I am of the opinion that [Beneficiary]’s skills will be of immense use to [Employer], as they are essential for the work of such companies. I wholeheartedly support his application for a U.S. visa.


Sincerely,



[Writer’s Name]
[Position]

[Attach resume/CV]

Maintaining Your Green Card

Maintaining Permanent Residence
You may lose your permanent resident status (green card) if you commit an act that makes you removable from the United States under the law, as described in Section 237 or 212 of the Immigration and Nationality Act (INA) (see the “INA” link to the right).

If you commit such an act, you may be brought before an immigration court to determine your right to remain a permanent resident.

Abandoning Permanent Resident Status
You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently

Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa.

However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year

Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa.

However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year

Tax Return
Fail to file income tax returns while living outside of the United States for any period
Declare yourself a “nonimmigrant” on your tax returns

Carry It With You At All Times

Change of Address
Notify USCIS within 10 days of changing your address

Green Card Renewal
Green cards expire after 10 years (the card, not the status) and should be renewed preferably within 6 months of the time they are to expire and certainly even after they expire


Social Security Card
Carry it with you when you travel outside the US


International Travel


0-6 months
No problem
Can be in single or multiples shorter trips


6 months - 1 year
You apply for reentry to the officer at the point of entry by presenting your green card



1 - 2 years
You need a re-entry permit



>2 years
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