Green Card

USCIS Launches Mobile Form for Replacing Green Card

Lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative, can now file their form and upload evidence entirely on a mobile device. The redesign of the online Form I-90 also allows lawful permanent residents to navigate the site more easily, making the process of renewing or replacing Green Cards more convenient.

Recording of Free Community Conference Call (Every Other Thursday), May 18,2017

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 18 May 2017: 
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.

Application to Replace Permanent Resident Card Now Available in the USCIS ELIS

The Form I-90, Application to Replace Permanent Resident Card is now available in the USCIS Electronic Immigration System (USCIS ELIS). USCIS ELIS is an online, account-based system that allows you to submit and view certain immigration benefit requests and receive electronic notification of decisions and real-time case status updates.

Permanent residency in more than one country

Question details

If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US? I am getting a very good job offer in Australia and would like to go try it out for a few months to see if its a good fit.

Video URL
FAQ Transcript

FAQ Transcript:

The question here is can I have permanent residency in more than one country?

Yes. You can. I can only comment about USA. I don't know about other countries, so if you have a Green Card in the United States there are possibilities you have a Green Card in U.S. and you have permanent residence for Canada as well. But in fact you stay in USA permanently, you work here, you stay here we really don't care what other permanent residency you have. So if as a matter of fact you are living in the United States we don't care how many other permanent residency you have. 
If on the other hand, you quit your job, go to other country and take permanent residency there, it can be an issue for your Green Card here in the United States. Government can ask you, what is your intention. I would advice you to take detail consultation with your lawyer and make sure your particular circumstances covered. I think re-entry can be applied to protect your Green Card. But in that case getting a permanent residency in a third country may not be very good idea. However temporary visa would be OK specially when combined with re-entry permit, Form I-131 and or N-470 to preserve your Naturalization. 
So look into that before you make any firm plan. As a theoretical matter if you are permanent resident of USA and you are living here we don't care how many other permanent residency you have.

Evaluation of Foreign Degrees for Green Cards

Question details

What is USCIS’s policy on using evaluations of foreign degrees for Green Card purposes?

USCIS has verified that the education evaluation system that it regularly uses to evaluate the equivalency of foreign degrees to a US degree is the AACRAO EDGE database (edge.aacrao.org/). While alternate education evaluations can be submitted to USCIS, they must be documented with evidence as to why the alternate evaluation should be considered instead of the EDGE evaluation.

Out of Status

Question details

How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?

I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )

(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'

Importance of having continuity of employment/pay stubs

Question details

Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.

Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.

In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.

For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.

USCIS Announces Stand Alone Application Support Centers Change in Schedule

 
U.S. Citizenship and Immigration Services (USCIS) Application Support Center (ASC) stand-alone sites will move to a Monday through Friday schedule beginning Nov. 2, 2009.  Stand-alone ASCs are those which are not co-located with other federal offices and which previously operated Tuesday through Saturday.  All ASCs, both stand-alone and co-located sites, will continue to be open from 8:00 am to 4:00 pm.