Employment Based Green Cards FAQs

Section 245(k) Protection During AOS/I-485

Authored on: Thu, 08/02/2018 - 06:14

Question

1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?<br>
2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?

Answer

Watch the Video on this FAQ: Section 245(K) protection during AOS/I-485

Video Transcript

This is a very important protection given to employment based applicants and their dependents when they apply for adjustment of status. What it says is that under Section 245(k) USCIS will forgive your being out of status or having worked without authorization for upto 180 days from the date of your last entry into the US immediately before you filed the I-485. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Can EB-2 Approved File For EB-3

Authored on: Thu, 06/14/2018 - 06:43

Question

With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.

Answer

Watch the Video for this FAQ: Can EB-2 approved file for EB-3?

Video Transcript:

The way I think it will work is if you have both EB-3 and EB-2 approvals already good for you. You can use either one. If you have an EB-2 approval and you want to take advantage of the EB-3 upsurge in the Priority Dates, file for an EB-3 I-140 with a copy of the same PERM application. If the I-140 is approved quickly great, if not and the dates become current while the I-140 is still pending, with the receipt you can file an I-485. So you will have an EB-3 pending with a I-485 coming along. Now if tomorrow the dates become better, moving for EB-2 because you have both I-140s in the works, one approved and one pending or maybe both approved by that time, government will automatically give you the benefit of which ever category is moving the fastest.  More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

EB1-A

Authored on: Mon, 03/05/2018 - 10:15

Question

I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment.<br>

Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.

Answer

EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

Change in Job Title after Getting a Green Card Approval

Authored on: Mon, 01/22/2018 - 23:59

Question

Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?

Answer

Watch the Video on this FAQ: Change in job title after getting a green card approval

Video Transcript:

We would have to look at your job title and job description in the green card and see how different it is from the position you took on. Unfortunately for consular processing people, we don't have that same law - the AC21 same or similar job law. So I cannot really comment that this is going to be or not going to be a problem. Generally speaking, if you are going through Adjustment Of Status process and your I-485 has been pending 180 days, your I-140 is approved that means you are covered by the AC21 rules. In those circumstances, a change in job title to a same or similar job is not a problem. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Filing EB-1C, International Managers or Executives Green Card

Authored on: Thu, 12/14/2017 - 02:55

Question

I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?

Answer

Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card

Video Transcript

No, because EB-1C category depends upon the relationship between the companies the one that you used to work for outside the USA and the one that you are that is applying for you in the United States. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Latest Development for Employment Based Immigrants

Authored on: Wed, 11/15/2017 - 09:46

Question

What is the latest development for Employment-Based Immigrants?

Answer

In employment based the last step in the green card process is something called Adjustment of Status (AOS). If you are already in the United States in legal status it is done through the form I-485. Earlier employment-based applicants were hardly interviewed by the USCIS. You file the forms and you get your green card approval and maybe you might get an inquiry or two from the government and ultimately anybody going to the USCIS personally would get the green card approved.

But from this month onwards government has started interviewing all employment based immigrants. So when the adjustment of status starts the employee and his family is expected to appear for the interview. This has made things uncertain. First of all, it has added another few months to the timing process because the file has to be transferred to the local office of the USCIS where the person is located then they have their own backlogs hence few months are added to the overall processing. Some people are concerned as to what does all this mean and the reports so far are that the adjustment of status interview is not really that complicated. It basically goes over the form I-485 and makes sure all information there is correct.

But the worst-case scenario - there are three components to anybody's stay in the United States and I have divided them into your past, your present and your future. These are the three areas of inquiry that government can look at. In worse case scenarios they can look up at your past history of your maintaining statuses. The most important one is, have you been out of status for 180 days or more between when you filed the I-485 and your last travel to the USA. The government can look at the entire history to see if you have any status issues. The present is where you are working and what you do. Your future, they want to make sure that the job is still available and that you intend to take that job.

if you have any concerns regarding I-485, adjustment of status you should bring them up with your lawyers and make sure they are properly addressed.  

RELATED FAQ : 

Questions Asked in Consular or Adjustment of Status Interview for Employment-Based Applicants

 

 

Questions Asked in Consular or Adjustment of Status Interview for Employment Based Applicants

Authored on: Tue, 11/07/2017 - 06:54

Question

I am now in the last stage of Green card and attending interview in Consulate in India for Employment based green card interview.<br>

I have the recent offer letter from my employer. I saw from your 2012 blog you have mentioned that the employment based consular interview is difficult from foreign country consulate with some example.

Has it improved anything better recently. What type of questions can I expect. Also I have recently relocated to another city in India because of which I have resigned my current job and at the same time waiting for this green card. I have not worked with the prospective employer till now but have the offer with recent date. So did not try for any job. I am an experienced person of 15 yrs exp and just out of job for the past 5 months. Will that hurt anything? Do I need to have one on one consultation with attorney better to be safe?

Answer

Watch the Video on this FAQ: What type of questions can be asked in consular or adjustment of status interview for employment based applicants

Video Transcript

There are three things they are going to be looking at - your past, present and your future in my view. They want to make sure you have nothing in your past that stops adjustment of status.  Government is looking for immigration violation or anything else that could disqualify you from adjustment of status. You're present they would like to know where your working, what is your job, what job are you currently doing, do you know the details of your job things like that and the future is what is your intention about the green card, do you intend to join the employer whether if it is a present employer do you want to continue working with them, these are questions they could ask. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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

Authored on: Fri, 10/27/2017 - 05:05

Question

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?

Answer

Watch the Video of this FAQ: Applying for green card while holding H-4 status; applying for green card and permanent

residence for another country simultaneously

Video Transcript:

1. You have to go through your lawyer or your employer. You won't have access to it, but definitely, there is a website.

2. Within 180 days of the labor approval.

3. Yes of course. 

4. It does not. 

5. I don't see any problem with it, I know that at the border the Customs and Border Protection (CBP) sees that you have got two permanent residence applications going on sometimes they can raise a stink about it but in my opinion that's completely unjustified. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Current Immigration/Visa Options for Entrepreneurs

Authored on: Thu, 10/12/2017 - 08:31

Question

What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?

Answer

Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians

Authored on: Tue, 09/19/2017 - 01:21

Question

We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br>

1) Is this true?<br>

2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

Answer

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.