Priority Date

“Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

Question details

Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?

FAQ Transcript





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I-140 Revoked By Last Employer

Question details

I stayed with my last employer more than 6 months after I-140 was approved. My employer revoked I-140 but I can retain my priority date.
Now, I am filing I-140 again with a new employer. Will I have stay with my current employer more than 6 months after I-140 is approved to retain my (old) priority date? If I change job after I-140 is approved, my employer can't revoke it. True? Is there any period I need to be employed with the current employer after I-140 is approved?

Under the law effective from 17 January 2017, an employee will retain their priority date once an I-140 is properly approved, even if a day later the employer asks for a revocation. There is no requirement that the employee be employed with that employer for a certain period of time.

FAQ Transcript





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Do jobs have to be same or similar when I port my priority date?

Question details

1. I'm on H-1 visa and on my 8 th year ...visa is getting extended based on I-140 approved. I'm getting an offer to join different company end client(currently I'm with the consulting company) designation not decided yet. In my current employer, I am manager and wondering if I get a different position in other company like Director or solution architect or Sr Manager...and if I join that company what effect that will make on my current approved I 140 or GC process. Is this safe to jump? I heard job category needs to be same or similar in various forums for PERM but I don't have clarity or understanding what that rule is and....how that thing impact my situation.<br>
2. I have not filed I-485 yet since my priority date is back in 2013 in EB2. Also, my wife has H-4 EAD does that impact as well?

FAQ Transcript





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Change of Status to H-4 - effect on priority date; maternity leave on H-1

Question details

1. Planning to transfer from H1B to H4, I-140 approved with Jan2015 priority date. Can I keep the priority date after I change to H4? Intend to come back to H1 after few months.
2. Currently I'm 7 months pregnant and I work for a consulting company (employer) on H1B visa, Can I take maternity leave on H1B? If yes, for how long? will it be a paid or unpaid leave?
If not do I need to convert status from H1B to H4? If yes, can I change it back to H1B and work again or need to apply for a fresh visa?

Here is an interesting question, if I am on H-1 and I convert to H-4, does that kill or affect my priority date ? Answer is no. If you were on H-1  and you had filed a Green Card, you got a priority date and I-140 was approved now you changed to H-4 that does not kill your priority date. That's not the problem.

And the second part of the question was can I take maternity leave on H-1?

FAQ Transcript





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Recording of Free Community Conference Call (Every Other Thursday), 25 August 2016

Substantial transcription for video

Discussion Topics, Thursday, 25 August 2016:
FAQ: Quota H-1 pending, status after 1 October; Documentation needed to prove future job offer for EB-2; Green card holder staying outside the USA for less than 12 months.

Other: Applying for H-4 EAD; Priority date transfer for old I-140; Can one stay in USA after EB-1C filing, if priority dates are not current; Confirming whether or not an I-140 case is selected for consular processing; Proving parent child relationship for green card; Filing an EB-2 case; I-140 priority date transfer; H-4 visa stamping and completing education in the USA; Changing employers after I-140 approval; H-1 extensions; Can I find out how many I-140 cases my company has filed and revoked; Incorrect category status issued to child; Naturalization and past (erroneous) visa denials; Married military personnel filing taxes as single, etc.

Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016

Agency

Substantial transcription for video

Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.

Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.

Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016

Substantial transcription for video

Discussion Topics, Thursday, 14 July 2016:

FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.

Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.

Recording of Free Community Conference Call (Every Other Thursday), 2016, June 16

Substantial transcription for video

Discussion Topics, Thursday, 16 June 2016:
FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.

Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.

Getting married when AOS I-485 is pending (following to join and other options)

Question details

My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H-1B expired in 2007 and since then I have been working in the US on my EAD. My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824. Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India? And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?

FAQ Transcript





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