EB2 Green Card

Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

2 years ago By Chief Editor

Question details

I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

FAQ Transcript

If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

2 years ago By Chief Editor

Release Date

02/18/2022

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Discussion topics:

Jan 6, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Consular processing employment-based green card with a job offer from a different employer

Dec 23, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Citizenship and Naturalization

Form N-470

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Successful response to an audit of a submitted ETA Form 9089 (PERM)

2 years ago By Chief Editor

We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.

Agency

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Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

2 years ago By Chief Editor

Question details

Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?

2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.

3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.

FAQ Transcript

A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.

2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.

3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...

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