Form I-140

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

Question details

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

Video URL
FAQ Transcript

1. The reply is “No”. They cannot because employer B’s EB-3 was inherited by employer C, and you never filed a I-485 so that cannot be used.

2. Either go back to the first employer if they have a job offer. You can actually apply for a I485 without joining but this should be discussed with your lawyers in detail. Hence you could file for a I-485 based upon the job offer and I-140 which was approved through employer A but if you want to stick with employer C either you stick with EB-3 or you start another PERM application through them for your EB-2 categorization.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Employee is outside The US. How to continue a green card through consular processing?

Question details

I have a valid I-140 from my old employer and have not ported it to my current employer. Currently, I am not staying in the US, and my dates have become current.
I have below clarifications:
Can we file for Consular processing GC from abroad through my previous employer if they are open to hiring me back. At the same time I don't want to impact my current job as the old employer does not have their presence outside the US.  As per my knowledge, I cannot file GC through CP; however, if I move back to the US will I be able to file I-485 without joining my old employer?

Video URL
FAQ Transcript

The answer is yes on both counts. The law does not require you to hold the green card job presently. Talk to your lawyers about it and make sure everything else is in order. However, if someone is outside the U.S. he or she can continue to process his or her green card.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||

Green card application for parents during tourist visa

Question details

As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.

Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?

Q2. If receipt is generated after they have left the country, what happens to the GC process?

Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?
 

Video URL
FAQ Transcript

1. Your obligation is complete when the government physically receives your papers with the proper filing fees. After that, if they delay in creating the receipt it's really not your problem. As long as you can show that the papers were sent and received by the government. 
2. The answer is No. Let's say that they did leave, then they’re I-130 would still go on but their I-485 would be abandoned and you would have to convert the case to consular processing. 
3. They are automatically eligible to stay because once their I-485 is timely filed, they are considered to be an authorized period of stay. They cannot be illegal as long as the I-485 is pending.  
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling

Question details

I entered USA on AP (EB3 EAD), I have a valid H1B I-797A till May 2024 I have approved EB2 I-140 I also have RFE on my EB3 I-140 (EAD and AP received on EB3 filing)
1) How can I get back on H-1B status without going for stamping?
2) Can I interfile my EB3 485 to EB2 485 with pending EB3 I-140
 

Video URL
FAQ Transcript

Since you have already entered and resumed the same job you are still considered to be on H-1B. There is nothing to get back to.
Yes, you can. Although you have traveled on advance parole you should be able to file EB-2 interfiling. 
For more information you can also visit my blog:
https://immigration.com/blogs/adjustment-status-transferring-basis-i-48…
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

Guestbook Entry for Vijay, United States

Name
Vijay
Country
United States
State
Virginia
Comment
Hi, I hope everyone at the office are doing well.

I wanted to take this opportunity to write about my experience with in regards to the interaction with Mr. Rajiv Khanna's Law firm. I consulted with Mr. Rajiv and explained my situation to him.

Scenario My case was complicated in nature , in the sense, that my attorney who applied for my GC was fired from my company and when priority date became current, I could not proceed without the I-140 Physical copy which was needed to fill out the various immigration forms. As a applicant caught in between an attorney and my company, I was basically left in the lurch and was told that without I-140 physical copy, I wont be able to apply for my I-485.

After waiting for 10 years in line, this was not what I wanted to hear.

Hence I got in touch with immigration.com and spoke to Mr. Rajiv. I want to say this, in the first 5 minutes of the conversation, I knew I can apply for the i485 with all the documents that I have and could request I-140 through FOIA. Mr. Rajiv talked to me in such a manner that I got my confidence back which I had lost with my own attorneys from my company.

I was told about the process and Mr Rajiv, explained to me how to deftly (Practically and Kindly) to handle the attorneys of the company to get what I wanted from them without ruffling feathers (AKA Ego's).

I made notes while have the consultation and I executed what I was advised.

The wealth of information and the confidence he gave me are the only reasons why I was able to handle the stress that I was going through that day.

All in All, It worked out and I got what I wanted.

For all of that, I am humbly grateful.

Om Sai Ram, Vijay