Rajiv's Article - Biden administration begins reversing Trump's damage on H-1B and immigration
Published by: The Economic Times - Date: January 21, 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.
It was a very good experience working with Rajiv, whose office handled my green card application under Outstanding Researcher category. They did an excellent job in a very timely manner, and I got my I-140 followed by I-485 approval all within two and half years from LIN center. Thanks a lot to Diane, Prerna, and Suman.
I highly recommend them to anyone looking for immigration related services without any reservation.
A note: Prior to Rajiv I worked with a lawer representing my company and wasted lot of time.
Myself and my family got GC approved. My case had become bit complex due to my doctor's ignorance in preparing medical report properly.
Mr. Rajiv & his employees were very patient through the entire process and helped me through the approval process.
No need to say he is an expert in the Immigration & Naturalization affairs and best part of him I liked is: he is always reachable by email and also by telephone as and when needed without any waiting time!!!
Usually when we want to get some advice from an attorney or a doctor, first thing that comes to mind is they are not reachable without a formal appointment etc. Mr.Rajiv though he is so famous among immigration lawyers, he is still reachable at anytime as and when needed.
His employees were also very cordial and provided personal attention to my case.
In short, he saved my life here.
I would strongly refer him for any USCIS related work.
I have had a wonderful experience working with Rajiv and his team. I want to thank Anna Baker esp. for all her work.
If you are seeking for a some one to represent you I recommend Rajiv's firm with great enthusiasm.
Thanks Rajiv for being so kind and answering all my queries.
Best wishes and God's blessings on your firm.
J.E. Dodla
Here is a commonly encountered situation for AOS applicants (I-485 pending) from our clients-only extranet:
The following statistics released by USDOS note the percentage of B visas that were refused by US consulates world-wide.
Afghanistan 56.0%
Albania 37.7%
Algeria 21.9%
Andorra 100.0%
Angola 21.4%
Antigua and Barbuda 19.7%
Argentina 3.1%
Armenia 51.4%
Australia 23.7%
Austria 11.5%
Azerbaijan 13.5%
Bahrain 4.1%
Bangladesh 36.4%
Barbados 10.2%
Belarus 19.7%
Belgium 13.2%
Belize 33.4%
Benin 39.7%
Bhutan 64.1%
Bolivia 23.8%
State Department has published the following press release.
Press Releases 2010
U.S. ambassador announces more convenient U.S. visa application process
November 18, 2010
At the October 28, 2010, stakeholder meeting with the U.S. Department of Labor, DOL discussed their increased staffing capability and a corresponding increased scrutiny of cases where the employer fails to respond to an Audit Notification letter or submits an incomplete response to such a letter. Where DOL identifies a substantial failure by the employer to provide required documentation in response to an Audit Notification letter, DOL indicated that we can expect to see more debarment and/or revocation proceedings.
Published by: The Times of India - Date: January 28, 2021
Published by: The Economic Times - Date: January 07, 2021
Synopsis
It was a nice experience. The application was filed in a timely manner. The USCIS did not request any RFE and bottom line is that the lawyers got the work done.
Thank You Joy.