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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

Maternity Leave and Pay Stubs

11 years ago By Chief Editor
Question details

I am on H-1B & my wife also on H-1B. After three months pregnancy leave my wife is planning not to work and to transfer from H-1B to H-4. She will not have last paychecks copy for three months so will it be an issue during transfer? Will she need to start the job again to get three paychecks copy ?

Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.

Licensing of Foreign Persons Employed by a U.S. Person

11 years ago By Chief Editor
Question details

When is a foreign person considered an employee?
If residing overseas, is the foreign person employee considered a broker?
Should current authorizations be replaced or amended to be consistent with current guidance?
Can multiple employees be covered under one authorization?
How is an employee providing marketing services overseas identified in a license application?
What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?
What value should be entered on the license application?
How should the foreign person employee of a U.S. person be identified in the TAA or MLA?
Who should sign the DSP-83 for the transfer of U.S. classified information?

When is a foreign person considered an employee?

Eligibility of Undocumented Immigrants to Obtain a License to Practice Law in California

11 years ago By Chief Editor

The Committee of Bar Examiners (Committee) — the entity within the State Bar of California (State Bar) that administers the California bar examination, investigates the qualifications of bar applicants, and certifies to this court candidates it finds qualified for admission to the State Bar — has submitted the name of Sergio C. Garcia (hereafter Garcia or applicant) for admission to the State Bar.

New 2014 H-2A Adverse Effect Wage Rates

11 years ago By Chief Editor

The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected.

Adjustment of Status, Form I-130, Form I-485, ESTA, Fraud/Misrepresentation, Waiver

11 years ago By Chief Editor

We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.

Status
Green Card AOS Approved

Nonimmigrant Visas

Profession/Occupation

Green Card

Immigration Law

Guestbook Entry for Anshul Singh, United States

11 years ago By Chief Editor
Name
Anshul Singh
Country
United States
State
California
Comment

Rajiv and Art - I can't thank you enough for the magic you did in order to get my green card which was almost next to impossible. I applied my first green card through another lawyer in 2002. That got rejected. We went to the court in Washington to challenge the rejection (through another lawyer) but lost the case. I was basically asked to pack my bags and leave the country. Luckily I had applied through another company (another division within our company) and got H1 to extend my stay and refiled my green card through the same lawyer but he said it might take a long time and my case will go into review since it has been rejected the first time. At this point i reached out to Rajiv Khanna to apply my green card again (3rd time). He has an excellent team. Art helped with my case. I was very surprised that instead of me pushing Rajiv's team, they were pushing me to work promptly. Art was always on top of the case. Whenever i had doubts, Rajiv was always available for consultation. . I finally have my green card in just 2 years since i applied thanks to Rajiv's effort. Please go with Rajiv and relax, his team will make sure your case moves at a fast track.

EB-2 and 3+2 Pattern of Education

11 years ago By Chief Editor
Question details

I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

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