Guestbook Entry for Prakash Swami , United States
Name
Prakash Swami
Country
United States
State
Florida
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Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Citizenship and Naturalization
Green Card
Discussion topics:
USCIS Urges Eligible Applicants to Switch Employment-Based Categories
Release Date
U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).
Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions
Question details
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
FAQ Transcript
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
Note: Where transcribed from audio/video, 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.
Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3
Question details
I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?
FAQ Transcript
Theoretically at least, the answer is “yes”. The government clearly allows that, but there are a lot of wrinkles. Talk with the lawyer and make sure you understand all the nuances, including employer-employee relationship, genuine job offer etc., and then you can do it. I do not see any reason why you cannot.
Note: Where transcribed from audio/video, 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.
Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?
Question details
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
FAQ Transcript
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
Note: Where transcribed from audio/video, 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.
What exactly is Interfiling?
What exactly is interfiling?
Dear Mr. Rajiv S. Khanna,
You and your Team has worked tremendous for me getting green card with in 2 years. Dol - 16 months I-140/I-485 = 8 months
I applied my (EB3) State Labor Cert (FL) on 01-2003 AD 03-2003
Dol (AL) on 04-2003 AD 05-2004
I-140/I-485 (Concurrent -TX) on 08/30/2004 AD 01/25/2005
EAD AD 09/27/2005
FP done on 04/07/2005 ( Local Jacksonville Office)
I-485 AD 04/25/2005
(1. I-140 Ref (01/24/2005) - by phone directly to my Attorney proof of my master degree
(Attn. Mathew Chacko immediately responded and sent the fax copy ) Next day I got the approval. This is really tremendous work.
I like to say some other people in your team Subha, Prerna, Hellen.
I140/I485 - assigned my case to Hellen, She is the real professional and very very helping and good customer service.
So for I requested lot of question about my case, she responded with detailed information with in the sane business day.
Hellen - really you done a good job also one of the best in the Rajiv's team.
Finally I thanks to every one on Rajiv's Team where doing the great job to the people for getting H1B & GreenCard faster.
Thanks