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Green Card through several categories

3 years ago By Chief Editor
Question details

I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?

You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.

 

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Leaving employer while an I-140 is pending

3 years ago By Chief Editor
Question details

I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?

PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.

 

Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Extension of EAD for H-4 and EAD for L-2

3 years ago By Chief Editor
Question details

I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Oct 31, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics:

H-4 to F-1 status change || Employer-sponsored EB1A || Portability under 221(g) || Expedite EAD request on Financial Hardship || Multiple H-4 processing in parallel for dependent along with Primary dependent H-1 Visa || H-1B Transfer issues

Guestbook Entry for Sridhar Kathera, United States

5 years ago By Anonymous (not verified)
Name
Sridhar Kathera
Country
United States
State
VA
Comment

My son was about to age out when his H4 to F1 was denied at US Consulate in Chennai. It was then that we sought help from Immigration.com.

The entire staff there was very professional and their guidance was very invaluable. Their review of our documents was so meticulously.

Mr. Rajiv Khanna is very knowledgeable. He literally handheld us and guided us, every single step of the way. We were so comfortable working with him that we felt we were working with a family well wisher, (besides the fact that he is a top notch immigration attorney) who was always there for us, wanting us to succeed.
But for him, we would not have made it.

Thank you, Rajiv Sir, for helping us with my son's visa and keeping our family together.
Special thanks to Kalpana, Pavithra and others, who patiently took our questions and guided us.

I would VERY STRONGLY recommend their services.

USCIS Assists in Case Where Federal Grand Jury Indicts Lawyer and Accountant in Visa Fraud Scheme to Obtain LPR Status for South Korean Nationals

5 years ago By Chief Editor

LOS ANGELES – A federal grand jury has indicted two men in a scheme to obtain lawful permanent resident status for South Korean nationals by submitting fraudulent visa applications that falsely claimed American businesses wanted to hire skilled foreign workers.

USCIS Implements $10 Fee for H-1B Visa Registration

5 years ago By Chief Editor

WASHINGTON—U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.

Nov 14, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday,  November 14, 2019

FAQs: 

Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?

If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?

If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ? 

Procedure and time to get a green card for the spouse of a green card holder

Can we apply 2 H-1B transfers while my extension with same employer is in process with different client?  If the extension is denied, will other two transfers will be denied?

AC21 portability before 180 days 

OTHER:  I have my I-140 approved and it has been over 6 months. If I change my job, do I need to go through the entire I-140 process again? || Withdrawing N400 || TN visa derivative for boyfriend || Naturalization, absence of 6 months || Using old H-4 visa stamp || L-1 amendment || EAD delays || F-1 visa stamping || Receipt lost

Guestbook Entry for Paresh Vasani, United States

5 years ago By Anonymous (not verified)
Name
Paresh Vasani
Country
United States
State
California
Comment

Dear Rajivji and team. Let me express my sincere thanks to you and your team for taking care of my entire application from A to Z. You guys are thorough professionals yet enough personal touch. I never expected that my application will be reviewed and approved in 10 days !!. It shows your in depth process, right questions and fantastic presentation. Thank you and best wishes. let us keep in touch.

USCIS Issues Guidance on Adjustment of Status by Aliens Whose Conditional Permanent Residence Has Been Terminated

5 years ago By Chief Editor

USCIS  issued a policy guidance (PDF, 382 KB) explaining how USCIS applies Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated.

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