I am currently on H1B visa (3rd year) and a few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B
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.
USCIS recently updated the following USCIS form(s):
MILITARY ACCESSIONS VITAL TO NATIONAL INTEREST (MAVNI) RECRUITMENT PILOT
The Secretary of Defense authorized the military services to recruit certain legal aliens whose skills are considered to be vital to the national interest. Those holding critical skills - physicians, nurses, and certain experts in language with associated cultural backgrounds - would be eligible. To determine its value in enhancing military readiness, the limited pilot program will recruit up to 1,000 people, and will continue for a period of up to 12 months.
Published by : Times of India - Date: December 02, 2020
Published by : The Economic Times - Date: December 03, 2020
Discussion Topics, Dec 3, 2020
FAQs:
H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?
1) How long does I-485 EAD approval take?
2) Once spouse gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?
3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.
4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?
5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?
Other Topics :
Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition
I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)
We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.
Published by: The Economic Times - Date: December 11, 2020
DOL seems to have stopped progressing on the Audit cases. Can litigation alleviate this problem and force them to atleast respond?
All things considered, in my view, a Mandamus is possible. But the chances of success are remote at least in DC circuit. Typically, in delay cases, courts do not interfere with the executive branch of the govt. At the very least, lawsuits draw attention to difficult issues. I think a petition to the govt. should be the first step. May be the worthy President can help. Although, speedy processing in this environment is certainly not a politically popular issue, but we have all followed the laws and the promise of the laws.
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?
Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule
Video Transcript:
1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.
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.
I (a software consultant) have EAD from my current employer(consulting firm). My employer holds my salary abruptly without any notice or reason. When pressed why? after the salary date passes by without getting paid, the general excuse given is "The bill is not collected from the client" , though there is no such contract between us wherein my salary is dependent on the accounts receivable/ collection. I want to know
a- Can they do it legally?
b- What are my options including can i sue this employer despite being on EAD?
Your best bet is the local State Workforce Agency for the State where you are employed. If you are not on H-1, this is the way to go. They will recover your salary. And, it does not cost you anything.
Here is the link to the SWA's for non H-1B workers http://www.doleta.gov/regions/reg01b...ources-SWA.cfm
H-1B and E-3 workers, go here:
Published by: The Economic Times - Date: December 23, 2020
Synopsis
Can you give us some tips on legally what kind of companies should one look for to process H-1.
I think this is a timely question. I can give some pointers based upon my experience.
H-1 approvals are easier:
- for in-house projects and for companies who can obtain letters from end-clients verifying the work; the degree of control they have over the H-1 worker and the duration of the assignment; and
My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months
True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.
U.S. Citizenship and Immigration Services (USCIS), through its International Operations Division, recently opened a new support branch in Anaheim, Calif. to assist in processing select paper-based applications and petitions received from its international offices.
USCIS has received approximately 45,500 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
USCIS reminds customers that Public Law 111-9, signed by President Obama on March 20, 2009, extends the date until Sept. 30, 2009 by which international medical graduates have to have been granted J-1 nonimmigrant status in order to later qualify for the "Conrad 30" program. Before this latest extension was granted, the most recent sunset date for qualifying J-1 admission was March 6, 2009.
Immigrant Visa for Physical Therapists
General Information
A physical therapist who wishes to apply for an Immigrant Visa (Permanent Resident Status) is required to have:
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