Immigration.com

Form I-485

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

1 year ago By Chief Editor
Question details

Have any rules changed regarding getting a spouse visa through H1, L1, or O1? Also is traveling on a tourist visa to the US after marriage not ok, with a pending GC application? Finally, does the US have any special agreements with the UK, EU, Singapore, Dubai or Australia for visas that may qualify in this scenario?

FAQ Transcript

Regarding the rules for getting a spouse visa through H-1 L-1 or O-1 nothing has changed.

It is certainly fine traveling with a tourist visa to the US after marriage, if you can convince the government that you are not going to break the laws which means staying in violation of your visa.

Regarding the US having any special agreements, there are only two kinds of visitor visas: regular ones and visa waiver or ESTA visa. There are special visas for example in Australia there is something called an E-3 visa which is very much like an H-1B and more or less a dual intent visa.

Options to upgrade to EB-1C as an International Manager or Executive

1 year ago By Chief Editor
Question details

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.
 

FAQ Transcript

Yes, you can upgrade.
No, you cannot you cannot renew EAD from India.
 

Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand

1 year ago By Chief Editor
Question details

Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.

I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.

I have 485 EAD approved till 2024 and Advanced Parole is still pending.

  1. Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
  2. Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
  3. Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

Also, do we have any info on what the status “Case Remains Pending” means?

 

FAQ Transcript

1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.

2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.

3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.

 

Recording for December 15, 2022 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)

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