Compelling Circumstances EAD

Question details

I am on a H-1B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C. I am Heart Patient and was operated for Heart By-Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life). I feel stressed on continually working for 40 hours a week and feel getting a EAD will be a god's gift and I can use this EAD to work at my convenience.

Watch the Video on this FAQ: Compelling circumstances EAD

Video Transcript

I have given a few examples on my blog please look at that.

FAQ Transcript





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Current Trends in H-1B End Client Letters

Question details

This is my second year on H1B and my H1b visa is valid till Aug 2017 with Valid 194. My Extension was filed on Oct 2016 normal processing and now I got an RFE on 22 May 2017. for the RFE I received last time ( Dec 2016 for amendment), I had submitted all documents like SOW, MSA, Client letter etc. and got an approval. However now due to some organizational changes, my Client is no longer providing us the Client letter. Due to recent changes and scrutinizing of H1b applications these days, is there any risk involved NOT providing the Client letter? are there any changes of getting a decline?

FAQ Transcript





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Regarding Impact On H-4 EAD During Job Change

Question details

1. If I have my I-140 Approved and its been more than 180 Days after approval then I believe that even if I change the employer the I-140 does not gets revoked and it still stays valid. I can continue to extend my H1B with my old I-140. Is my understanding correct?<br>

2. If suppose I have applied for my H4 dependents EAD while I am in my first company and both of us are working. Now it's been 180 days after my I-140 got approved and I switch my employer. In this case does my dependents EAD get's affected in any way?
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3. Now assuming that answer to the first question is Yes, but I believe that in order to apply for GC my new employer has to file my PERM and I-140 again. If that happens will my dependents EAD gets affected in any way until the new I-140 gets approved?

1. The essence of your understanding is correct. You are safe against revocation.
2. No effect on H-4 EAD of H-1 change of jobs, as long as the H-1 holder maintains status.
3. Again, no effect on H-4 EAD if your new green card is filed.

FAQ Transcript





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Administrative Review - EB3

Question details

I just had my interview with my family for an EB 3 application. Everything went well until the consul asked my years of working experience as a nurse. I only had a total of 21 months of working experience. Then she right away told me, "Oh I'm sorry, but your application is under EB 3 skilled worker since you are a nurse and you need to have 24months for you to qualify, I will have to send you to the releasing to give you further instruction." But having read all of these PERM law and provisions, why did the consul said that my case is for administrative review? Can somebody clear this up for me?

EB-3, whether for nurses or any other worker, requires either 2 years of experience OR a bachelor's degree.

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Changing Jobs and Supplement J

Question details

How long does the supplement J form take for approval? What happens if supplement J is denied? Can I work with the new employer without filing supplement J?

Watch the Video on this FAQ: Changing jobs and Supplement J

Video Transcript

Supplement J is essentially a replacement for employment letters. See my blog for the rules. 

FAQ Transcript





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.