Release Date
U.S. Citizenship and Immigration Services issued policy guidance (PDF, 313.21 KB) on how USCIs analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications.
Background:
Working in the US on H1B, approved I-140 7 Years back in EB2. Now, there is an opportunity in my current company to manage 1 or 2 employees outside the US. And the same in the US. If the EB2 India dates don't have a good future after this year, I am thinking of going out of US work in managing capacity and coming back on L1A and trying EB1C.
1: With just 1 or 2 employees (senior resources e.g. VPs or AVPs in the financial domain ) reporting to me, how are the chances to get EB1C approved?
2: In your opinion, do you see EB2 India touching 2015 anytime this year, considering they have some spill over from last year? Or you suggest a plan for EB1C if the situation exists?
My I-140 and I-485 is pending, my OPT has expired. Can I stay back in the U.S until I get my green card EAD ?
Sure, because you have your I-485 pending. Having a pending I-485 gives you the right to stay in the United States.
Is it not recommended to travel outside USA when you are on H-1B and I-140 filed and approved ?
Absolutely no problem, you can travel.
My PD - July 2014 EB2. I have a pending 485 and got EAD and AP.
I’m a manager in my current company and manage teams in India and the US.
I would like to know how to upgrade to EB1 as International Manager.
Is it required that I work outside the US for one year?
If I visit India and work for 3-4 months, can the accumulated time over 2-3 years be used for upgrading to EB1?
I would also like to know if we can renew EAD from India and keep the current 485 processes on track.
Yes, you can upgrade.
No, you cannot you cannot renew EAD from India.
Who pays for the I-140 filing fee? Employer or Employee? Do federal regulations mandate payment by the employer? Who pays the attorney fees for the I-140 form per federal regulations? Is it mandatory to be paid by the employer? Who pays for the I-1485 filing fee per federal regulations? Employer or Employee? Any federal mandate I need to know? Who pays for I-485 attorney fees per federal regulations? Is anything mandated in federal regulations?
Generally speaking for L-1/EB-1C there are no requirements of any kind that say that the employer has to pay. The employee can pay for I-140 and I-485.
FAQ: Entering the U.S. on a visitor visa while green card is pending |Qualifying for Visa Waiver Program (VWP) | Spouse visa through H-1, L-1, or O-1 | Any special visas for UK, EU, Singapore, Dubai or Australia || Qualifying for EB-1C green card by working abroad for a year | Expected processing times for EB-1C for an L-1A visa holder from India || Consequences of employer withdrawing I-485 Supplement J || Layoff while on an H-1B visa - what if I cannot find a job in 60 days?
Release Date
U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
Discussion Topics
FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||
I have been on H1B for almost 5 years and I recently got my PERM approved. My employer will file for I-140 soon. My question is related to priority dates. I saw one of your videos where you explained that the priority date practically belongs to the employee. So does that mean when an employee gets I-140 approval then the employee can change employer at any time and keep the same priority date for the next filing with the new employer?
What happens if an employee leaves or gets laid off after a month of getting i140 approval and the old employer decides to withdraw/revoke the application? In this case, can the new employer use the same priority date or get the new one for the employee? If a new employer gets the new one then what happens when an employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?
As per the regulations dated 17, January 2017 the moment your I-140 is approved the priority date is your property not the employers. Therefore even if the I-140 is revoked the same day and if it was approved, that priority date is yours to keep. You can take it across to any employer. If you go to another employer and if yours is a labor cert based case being filed you have to redo the PERM and the I-140 but you will carry the old priority date which is a big advantage.
In addition to your priority date, if the I-140 remains approved for 180 days, you can continue to extend your H-1B with any employer after six years. They cannot take that right away even if they revoke your I-140.