The regulations enacted by the USCIS on 17 January 2017 have created a new class of employment authorization - "Compelling Circumstances EAD." This is available to those people whose I-140 is approved and priority dates are not yet current.
This is a compelling circumstances EAD approved in appx. 100 days in July 2017 based upon health grounds.See: http://www.immigration.com/sample-cases/%5Bcompelling-circumstances-ead…
As of June 29, 2017, we began implementing the Executive Order at our embassies and consulates abroad in compliance with the Supreme Court’s decision and in accordance with the Presidential Memorandum issued on June 14, 2017. Our implementation is in full compliance with the Supreme Court’s decision.
USCIS recently updated the following form(s):
PERM Processing Times (as of 6/30/2017)
HOUSTON — U.S. Customs and Border Protection announced today the deployment of facial recognition biometric exit technology to William P. Hobby International Airport (HOU) in Houston for select flights from HOU. The deployment builds upon a June 2016 pilot at Hartsfield-Jackson Atlanta International Airport using facial recognition.
I have received inquiries on this type of email floating around. This is fraudulent. US govt. does NOT issue green cards based upon random email lottery. Please circulate this to all concerned.
--------------------------email---------------
U.S. Department of State
Bureau of Consular Affairs, National Visa Center
32 Rochester Ave. Portsmouth NH 03801-2909
Attention: Winner.
Our community member spring09 says:
Hi Rajiv,
Thanks in advance. I have an question and keeping me up during nights.
I am working on H1 with comp A, who has filed for my I-140 in Feb-08.
And I also have an Approved I-140 ( Jul'07), have filed for I-485 and also have EAD from company B. I have never used my EAD from comp B, nor have I worked for comp B.
Could there be any issues, which I should be prepared for? As I know it is legal to file for more than one I-140.
Thanks again.
As to possible issues, I can probably write a book. Generally speaking, you can have as many I-140's as you like as long each is motivated by a genuine desire to accept a job before or upon approval of the green card. As to your specific situation, consult your lawyers if they feel there is any problem. I hope this helps you sleep better.
I have just been accepted into a residency program here at a university. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. My I-140 is in process and I have responded to RFE on oct 16th and have not got any reply so far. Priority date is oct 2007. The residency starts in july
I think I can continue on H1B till my I-140 is pending and since my green card process is in the same department they have assured me that they will not withdraw my I-140 and that I’ll come back and work in the position of research associate after my residency(4years). Please let me know if this is legally possible as they have the intent to hire and I have the intent to join them when green card is approved.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction?
Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B.
Just trying to find out what the possible advantages would be at this time with EAD.
There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.
Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.
Here is a question from our clients-only extranet - forclients.com. I think this question is relevant for a lot of people.
Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?
Ans. Yes.
Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)
Number 8
Volume IX
Washington, D.C.
My I-140 was approved with out any issues in 10 days. Thanks to the great work by Tarun and Mathew Chako. Tarun was always eager to help and is very pleasant.
The team work at Law Offices of Rajiv S Khanna reflects the vastly experience, committed staff, prompt responses, which can be seen only in the leaders of their business.
Special thanks to the entire team, including Rajiv, Mathew, and Rita for their work for my green card process.
GC processing service is a grueling process, but at Rajiv Khanna's office they handled very nicely and professionally even at difficult time. Though still my I-485 is not yet filed but on Labor and I-140 filing Rajiv's office shown their professionalism and my special thanks to Amrita, Mathew and Kumuda for their excellent service. I'll update more with how my I-485 filing goes in near future. So far with my experience I can give four stars. ****
From 2003 I have been working with Rajiv Khanna's office. My thanks to Rajiv,Subha,Roopa and Tarun. My questions were always answered on time. Tarun deserves a special mention.He had been quite helpful and was always very prompt in dealing with all the issues. Hopefully I will be able to write a "thank you" note soon once my Green Card comes through.
Awesome work by Mr. Khanna, Mr. Matthew & Ms. Aruna. My I 140 got approved without any issues. I want to convey my special thanks to Mr. Khanna and his team.
Many thanks to Kumuda, Rita, Hellen & Mathew Chacko. The people are very courteous and I am totally satisfied with the services they rendered. They are very prompt whether filing I140 or getting AP/EAD.
Once again thanks TEAM, Law Offices Of Rajiv S. Khanna.
Finally me and my family got the green card approval.It has been grueling task as I have waited so much, inspite of so many so many hurdles my goal is reached .I am very thankful to Rajiv Khanna in taking keen interest in my case.Mr Rajiv and his staff members ( Mathew Chacko, Suman Bhasin,Kumuda
Thanks to the firm and Ms Rita Dhakal has done such a great job. We are glad that we changed our lawyer after labor and we don't believe that got I-140 approved in a Single day.
Thanks again to Rajiv Khanna and his staff specially Ms.Rita.
Keep up the good work for future filings.
Just wanted to thank Tarun and Matthew Chacko for the wonderful job they did on my I-140 process. Everything went smoothly and everything was checked out thoroughly to ensure there were no errors on my application. Thanks to both for their great work.
We engaged the services of Rajiv Khanna Law Offices in year 2006, the team we worked with is an excellent team, very crisp in the information giving or getting back, very knowledgeable, immediate response back to the clients, and the PERM process went very smooth and success. Very good and easy attorneys to deal with. Will luv to stay and do business.