I got my I-140 approval in 15 working days. Wonderful job done by Aruna and Mathew. They are very good in coordinating with employer, clarifying GC related questions during the process.
Thanks to Aruna, Mathew and Rajiv's.
I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .
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.
Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?
Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting
Video Transcript
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 have a PERM and i-140 approved by my previous employer. My priority date is 15 Mar 2015. I changed my employer in Jan-2020 with a similar job occupation. I was told that I don’t need to file a completely new process for PERM and i-140 with the new employer but the new employer can file an i-485J form when the priority date is current to complete the remaining GC process. Is this a valid process to complete my adjustment of status(i-485) and apply for EAD? What are the complications involved of going through the route with old i-140 and getting an approved i-485? If that option is not viable, will I have to file a new i-140 with the new employer? There’s got to be an easier way of dealing with this, because I’m sure many people have changed their employer after their i-140 approval.
Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission
Video Transcript
You have to start your green card all over again, no question about that. 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.
Discussion Topics, Dec 17 Community Call
FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus
Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending
Discussion Topics, Jan 7, 2021
FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions
Other Topics : 180 Day Portability Rule || Dependent Numbers Effects on Per-country Numerical Limitation for Employment-based Immigrant Visas || Advance Parole Impact on H-1B and H4 status || Consequences of Leaving U.S. with Expired L2 Visa and Expired L2 EAD while I-539 and I-765 Petitions are Pending ||Visitor Visa Extension for Parent with Expired 1-94 and at High Risk for COVID || Determining Whether H-1 Petition was Revoked by H-1 Sponsor || Starting a New Business After I-140 Approval While on H-1B Visa || Citizenship Process and Request for Diversity Files from 2001 || Impact of Advanced Parole on H-1B Parents/H4 Children While AOS Pending || Regarding Return Ticket for B2 Visiting Visa Extension || H-1B and I-94 Expired in Dec. H-1B Extension Pending. Impacts if a New Employer Files H-1B Premium Processing || Follow up: AOS, Consular Processing Delay: "Administrative Processing"
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.
Hi,
Thanks to the Entire Team of Mr.Rajiv Khanna, especially Subha & Aruna who did a excellent job in getting my Labour & I-140 Approval. GREAT JOB!!!!!!!!!! and Excellent Service.
Once again Thanks to Aruna & Subha.
Thanks for the great job done by Aruna. I got I-140 in less that 1 month. . I hope my 485 also clear with same process speed. Rajiv and team are very organized in documentation that reduces lot of time by avoiding queries to the case. Because of the efficiency in the way my case was handled. I sincerely recommend their services.
Thanks to the good work done by Aruna, my I-140 got approved in less than 3 weeks. Aruna was always prompt in returning my calls/emails and quickly clarified any queries I had. And she was very good in coordinating with my employer during the process of filling the forms.
Because of the efficiency in the way my case was handled I didn't feel any pain at all in this crucial step towards my GC. I sincerely recommend their services.
: Dear Rajiv:
I really appreciate the diligent work that you and your team put into my case.
The fact that we didn't get any RFEs for my I-140 and I-485 petitions, in spite of having my previous I-140 petition and the MTR denied by USCIS, shows clearly that you know the way to present material to USCIS so that it doesn't leave any questions/doubts in their minds that we qualify to stay in this country. I believe this is the result of your analysis of each case meticulously and preparing the supporting documentation according to the nature of the case, rather than following a cookie cutter formula like lot of other attorneys. I have seen my previous attorney do it and lot of friends' attorneys doing this. The standard statements I have heard so many times... "We don't need to submit that document now. We can submit that if USCIS asks for it". Forget about sending the documents to USCIS, they don't even let us know that we may need a piece of document and ask us to have it ready. Everything seems to be reactive, rather than proactive. No wonder USCIS takes so long to process some applications. They have to ask for every piece of information and at some point, they might even deny the petition for lack of clear evidence.
For all people who are going through the long and painful process of getting GC, there is only one advise I would like to give. Try to have a highly experienced immigration attorney like Rajiv on your side from day one. It is really hard to correct the mistakes done by other attorneys later. A petition filed with all the necessary paperwork, in the correct form and order will save you from a lot of heartache later on. Even if your company doesn't reimburse for the expenses, it's worth paying for it from your pocket.
And Rajiv, I would like to make a small suggestion to your staff too. While both my I-140 petition (re-filing) and H-1B extension petitions were being processed at the same time (during Dec 05 - Jan 06 timeframe), when your staff asked for copies of the same documents multiple times, it was getting on my employers nerves. The rant I kept on hearing from my company's HR people was, 'we just mailed/faxed them that document last week. Why are they asking for another copy again?'. Members of different teams didn't seem to have any idea that another petition is being handled by a person in the same office and that those documents already exist in another folder in the same office. A few small notes tagged to the files or consolidation of documents for each client might make the experience even more pleasant.
Thank you so much for your help and attention. I wouldn't even think of going to any other attorney for any future immigration related work I might have.
Regards,
Ravi