Form I-485

Regarding Form G-884 (Returns of original documents)

I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card documents from USCIS without knowing my employer?

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.

Change jobs without having to file for I-140 again

Please let us know effective when we can change jobs without having to file for I-140 again?

When:
1. I-140 is approved; and
2. The I-485 has been pending 180 days; and
3. The job described in green card is the same or is similar to the job you are going to;

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Substantial transcription for video: 

FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.

How soon can I change employers after getting green card?

I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Considerations for AC21 job portability

My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?
(2) Do you advise to change using EAD or transferring H-1B?
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Green card through two employers and future employer

I am in a very difficult/complex situation, the situation is as below:
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion.

Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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