Form I-140

Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously

Question details

I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
1: Is there a website where we can check the status of labor if it has been approved?<br>
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
3: Can my GC application continue whilst being on H-4 visa? <br>
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?

FAQ Transcript





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Guestbook Entry for SK, United States

Name
SK
Country
United States
State
Virginia
Comment

It’s a pleasure and an honor to recommend Mr. Rajiv Khanna and his Law Offices. I am writing to express my deep gratitude for RajivJi’s guidance over the past 1.5 years starting with PERM audit, supervised recruitment and through I-140 RFE and right to the I-140 approval. In all the conversations with him, he has always given me honest, straightforward assessments, and creative suggestions, which in turn gave me immense confidence even when situations looked gloomy. He backed this case right from day 1, possibly more than how much I backed myself on it.

I strongly believe, RajivJi’s intellectual brilliance and creativity coupled with his decisiveness at various critical junctures through the tough phases were the most significant keys to success in my case. I have firm conviction, that RajivJi’s immigration law expertise is second to none in the country.

I tip my hat to you!

Over the last 5 years, I worked closely with his some of his folks. This is a big shout out to VijayJi, Bharathi, Kunal, Suman and Kalpana.

Vijay Ji, I can’t thank you enough for zillions of hours you spent on going through and organizing all the hundreds of resumes received through supervised recruitment. Vijay Ji, you went over and beyond. I specifically remember, when you went to USPS at 8:30PM to send the package on time! Thank you very much.

Kunal, I greatly appreciate your thoroughness and the meticulous planning of I-140 RFE response. In all my interactions with you, you made me feel confident by answering all my questions and spending time with me discussing nitty-grittys of the content.

Bharathi, Thank you so much for pulling things together for multiple RFEs and answering my numerous phone calls and emails patiently.

When I met all of them at their Arlington office, the one thing that struck most to me is that they put a human face to my case and made me feel like a part of their amazing family. Gestures like that is what separates this bunch from any other.

Kudos to you all!

Warm Regards,
SK

Recording of Free Community Conference Call (Every Other Thursday), Oct 5, 2017

Immigration.com

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday 5 October 2017: FAQ: Current immigration/visa options for entrepreneurs || Immigration consequences of a denial of entry at the airport || Status of H-4 EAD litigation/suit ||

Other: Status change while another application is pending (H-1, H-4) || RFE issued AFTER H-1 approval || I-485 Advance Parole staying in the USA after I-94 expiration || Change in job titles effect on green card and H-1 || VAWA for H-4 || Responding to level 1 wage on H-1 RFE || Timing etc. of green card application while H-1 is still in process || Citizenship, effect of non filing of taxes ||Applying for green card for step daughter || I-140 approval uncertain || Effect on H-4 EAD when H-1 loses job || H-4 EAD rule litigation || I-94 approval duration discrepancy || Time lines in green card || Level 1 wage issues

Transfer from H-1 (with I-140 approved) to H-4 EAD

Question details

I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?

You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

FAQ Transcript





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Recording of Free Community Conference Call (Every Other Thursday), August 10, 2017

Immigration.com

Substantial transcription for video

Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA, 
Point system - how it will affect those who are already waiting for Green Card.

New Regulations, Effect on Layoff after I-140 Approval

Question details

1. I have I-140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work, what immediate step I need to do, in order to legally stay in the USA. ( Do I need to contact my lawyer to change my H1B visa status and my family status to Tourist visa or Can I change my status online or what is the option?). <br>
2) With the new I-140 EAD regulations effective Jan 17th 2017 in place, am I eligible to apply for EAD using "Compelling circumstances EAD", if my company laid me off? As of July dates for filing for EB2 visa application is 01FEB09 , which is more than 2 years wait time for my dates to be current.

FAQ Transcript





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Child Status Protection Act in Employment-Based Petitions

Question details

I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+

FAQ Transcript





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Is a Copy of I-140 Approval Required to Extend H-1 B?

Question details

If I change my employer, given the recent changes to I-140 rules for revocation/withdrawal, can my H1-B be extended again for 3 years, with me providing only the LIN number (which can be verified for an approved I-140 on the USCIS website) towards H1-B transfer to my new employer? Do I strictly need to provide the I-140 approval notice to extend/transfer my H1-B to a new employer?

FAQ Transcript





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Recording of Free Community Conference Call (Every Other Thursday), July 13, 2017

Immigration.com

Substantial transcription for video

Discussion Topics, Thursday 13 July 2017: 

FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on F-1 status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||

Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.