Published by: The Economic Times - Date: January 19, 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.
My status: on H1, visa expiring in September 2007. Rajiv's team applied for my H1 extension and I had I797 approvals till 2010. I had an H4 extension approval done for my wife as well. There is no employer change from first 3 years on H1 to second approval.
Hey Everyone!
We got approved in Atlanta today. Everything went really well, but anyways I wanted to share my experience with all of you:
Left from Alabama at 7:30 AM. Took us about Two hours to get there.
The DO is a 3 story building with the USCIS logo and name... impressive and yet scary.
We entered they building at 11:23 AM and went through the security (metal detector and x-rays) Make sure you empty your pockets!
Really you are a STAR for me. I like the way you work. You always understand client situation better than any one. I know there might be lot many people like me, who troubled you by sending so many emails. you are always prompt in responding to client emails and phone calls.For all Immigration matters ,I am telling all the people to go to Rajiv Khanna's office & Must get Amrita as their case manager. I feel lucky to get you as case my manager.I am very very Happy..
Tx
I'd highly recommend this team to anyone who needs immigration works to be done. They are highly knowledgeable, know what they do and what to do.
Richa Narang was handling my case and did an excellent job. My labor certification was denied just few days before one of the paper ad expired. It was denied because my employer did not respond to the questionnaire sent from USDOL. Based on Richa's advise we were able to give an ad within next couple of days. She also find that my wage was expired just before refiling. She talked to concerned people and got one for me just few minutes before their COB that day (next day was a national holiday) and refiled successfully late in that evening. And my labor certification was approved within next few days. I had been waiting for several years to hear this news in this country.
I really appreciate and thank Richa and her team for this excellent work.
I would like to thank and appreciate the help and dedication showed by Rajivji, Sumanji, Mathewji, Richaji, Prernaji and Vaniji for their tireless support and excellent suggestions during the whole green card processing, SPECIALLY during I-485 filling.
May God Bless You All!
Thanks and regard,
Soumyendu Choudhury
Excellent work and service from Rajivji's team:
My case reached the NSC on Aug 6, first of all I have to thank Richa, Prerna, Rita and Mathew who called me periodically to followup regarding my I-485 filing and also reviewed my documents without any delay. Turnover time was 2 days which is excellent and we cannot expect better service than this and I whole heartedly thank Rajivji and his team.
Hi Rajiv,
Thank you very much to you and to your wonderful team for helping me out. Pramita was my case manager for Labor application and I could not have asked for more. She helped me so much in all aspects of my processing and was very very prompt to respond to any queries. Tarun worked on my I-140/I-485 and he was very efficient and very helpful. Everytime I called Mathew, he answered all my questions patiently and precisely. Team was simply superb !
THANKS very much for all the good work and help
You guys are the best !
Amirta and Rita were so helpful in filing my case on time under pressure. They both are very proactive and very high quality of work!!!
RFE In short:
1.Petitioner’s employee-employer relationship with the beneficiary which may include
- Contracts or letter from end-client.
- An itinerary with name, address and duration of work.
- Certified planning documents from County showing the Business is in Commercial Lot
- Documentary example of petitioner’s products or service.
- H1-B employees routinely met conditions of employment, including work
hours and invoices etc
-Petitioner works on Speciality Occupation mentioned in the labor
We received an RFE for evidences from end client. Anna and Rajiv submitted all the needed documents to USCIS and after a week, we got an email from Anna Baker saying that, USCIS approved my H-1 application with the I-94 attached to it, as well as the H-4's for his dependents.
On reading the message I was so excited as It has been a struggle for all 4 months with RFE for 8th year extension. Anna and Rajiv sincerely worked on the case to make it successful. Especially with complications in my cases, as there were vendor layers involved to the end client, atleast 30 to 40 people from my parent company, vendors and end client including Rajivs staff were directly or indirectly involved at each step of scrutiny on my documents and they all deserve my thanks too. Special Credits to Anna and Rajiv as they did a Great Job. Hurrah!!!!!!!!
My packet was received on August 7th by USCIS.
I would like to thank Roopa and Mathew for promptly responding to all my calls and emails. I also thank the whole team for working deligently for all your clients. I never expected my packet to reach USCIS this soon. Excellent service...
Mathew, your entire team is the Best.
Thanks once again