Published by: The Economic Times - Date: January 19, 2021
Published by: The Economic Times - Date: January 21, 2021
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
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.
Discussing allegations of fraud and consequences when a short-term visa holder tries to convert to green card or another long-term visa from within the US.
Dear Prerna,
Kudos and Congratulations to Rajiv Khanna and his team. Another I-485 approved.
Thinking back, I first reached your office on 31 Mar, 2001 to start my GC process. The team worked meticulously and by the end of the day, mission to
post the application in USPS office was accomplished.
Special thanks to Suman, who when contacted by a team member, refused to allow my application to leave Khanna’s office till it was meticulously correct in all details.
Special thanks to Charu, who accompanied me from Post Office to Post Office late in the evening and finally found one, which will accept the Envelope
containing the application.
Special thanks to Chacko and Shivani who kept me informed of the development when they were handling the case.
And of course, Special thanks to Prerna who so painstakingly, prepared the I-485 (and Travel Document, year after year) and was always so happy to inform me about the developments in the case.
And finally, please convey my thanks to Mr. Khanna, who is so carefully conducting Backlog Reduction Case, which I read with serious interest.
And special thanks to those whom I forgot to mention.
Thanks all. Keep up the good show.
Prakash
I and my family would like to convey our sincere thanks and appreciation to Mr. Khanna and his staff for helping us to get through the approval of 485 within 10 months of filing of 140/485 concurrently.
I want to personally thank Mr Khanna and his staff especially Amrita, Prerna,Leila, Diane, Suman, Vijay ... and the list goes whomever I interacted during the process.
I highly recommend this team.
Good Luck for all you. Thanks
Mr.Khanna and his efficient team has smartly answered my complex H1 RFE to get it approved in 2 weeks. I can't thank them enough. I recommend all companies no matter what the size of the company is.
My first contact with The Law Offices of Rajiv Khanna was in 2001 and since then, between me and my wife, we have done 5 H1s and our PR petition.
All I can say is they are an amazing bunch of people and both of us trust them and follow their advice on immigration matters blindly. They are that good.
Many thanks to Rajiv, Charu, Anna, Suman, Vijay and Rena any many others who have helped us.
Thanks again and many regards.
am sharing the following info for all, i am sure it helps:
my parents came to US in mar2004, got 6 mon entry. 6-mo extn filed early aug, website showed approval late sept, approval letter recd early oct. they have come to US 2 times earlier (2000 for 1 month and late 2002 for 5 mo). Note that we sent photocopy of I-94, NOT the original.
DOCUMENTS SENT WITH APPLICATION:
3 LETTERS: 1 from my father requesting extn, 1 from me saying I will take them around and will support them, and 1 similar letter from my brother.
Just want to post my success story to help all those silent sufferers who are looking for guidance on Vacation recapture.
My 6th year H1 expired on Oct-13-2004. My company filed for LC in Feb-2004 and I did not meet criteria for 7th year extension.
Hi Folks
With reference to my earlier post, I was really desperate to get replies regarding my query for first time Stamping at Chennai embassy, for first time stamping for H-1 B from J1 Visa.
Now, atlast I got my visa stamped and here are more details to folks who are sailing in same boat.
Hello Folks;
I successfully got my H1 (& H4 stamp) in Ottawa on March 8.
This was my third H1 stamp (second for the same employer)
It went very smooth...hardly 5 min interview...
Things seem to have improved a bit. Applied for EAD (J2 Visa holder) online on September 2. When I checked the status of the case, I got the message that my EAD had been approved on November 8. Sounds great, but lets wait until the card has arrived.
By the way, if you want to apply for an interim EAD after expiry of the 90 day period, you no longer have to stand in line all night long but can make an appointment on the USCI site (http://usci.gov) at the INFOPASS section. Good luck to everybody.
I applied EAD & 485 concurrently. I got EAD and 485 approval within 3 months. I sincerely thank to the team who prepared the documents and who worked to get it done. The response time to any email/voice mail was extremely good. You are very good in explaining things and clarifying any doubts. I sincerely thank you all who worked for me.
Thanks