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.
We won a case for a Ph.D. in Organic Chemistry as an Outstanding Researcher. This applicant had over 22 years of research experience in the field and was a noted expert. We submitted documentary evidence to show his multiple patents and the commercialization of his patented work. We also provided extensive documentation to show his significant publication record and the multitude of citations resulting from his innovative and pioneering work. This applicant also qualified as a reviewer for several international scientific journals.
We won a case for a surgeon who had over 31 years of research, teaching and surgical experience. This applicant was highly qualified and known in the field to be one of the few that have reached the highest level of success. He was very well published with over 90 publications and authorship of a multitude of book chapters. We provided extensive documentary evidence to show that he was one of the premier surgeons in his expertise. This applicant was frequently called upon as an invited speaker and presented his work worldwide.
We won a case for a Materials Scientist who had over 11 years of research experience. His expertise was in the field of solar and hydrogen powered energy. We provided documentary evidence to show that his extensive list of publications was in prestigious international journals with high impact factors. We also showed that as a result of his innovative and pioneering work, he was invited to present his findings at a large number of conferences/workshops and symposia.
This applicant had over 5 years of industry experience and 8 years of research experience. He was offered a job with a private company conducting antennae and microwave engineering research. His unique skills set him apart from other researchers in the field and as a result he received several significant awards for his outstanding achievement. He also published for the prestigious society, IEEE.
We won this case following a Request for Evidence, which included requests for further documentary evidence to show that the grant awards received were considered "highly competitive" and awarded based on the applicant's outstanding achievements. We provided documentation to show that the applicant was featured in major media for his innovative work. We provided additional expert letters that reiterated the applicant truly stood out amongst his peers and more than qualified for the category.
To give you folks an idea of what gets through easily. We won a case for a chemist with over 14 years of teaching and research experience. This applicant was the author of over 63 peer-reviewed research publications and presented his work at 17 conferences and symposia. He was also invited to present at a multitude of seminars. This applicant authored 5 book chapters and technical proceedings. He qualified for the category based on his extensive publication record as well as his acting as a judge of others' work.
We won this case following a response to a Request for Evidence. Service requested further clarification on the "permanency" of the job offer, which was with a University. We submitted an official job offer letter as well as the copies of the university personnel manual and administrative handbook. Service had requested additional evidence to show "international reputation" of the applicant.
Please click on the link for the updated PERM Processing Times.
I hit a major block! My interview went with no problems until the very end, when the officer said that my old A-file was missing, and no decision can be made until it's found. I'm heartbroken.Interview:
Can you let me know when we can start filing H-1B cases again for this year?
If the beneficiary is not subject to the quota, you can file an H-1B for them at any time. If the beneficiary is subject to the quota, the new H-1B cannot be submitted to USCIS before April 1, 2014, with an effective date of October 1, 2014. We will start working on next year’s quota cases in January 2014.