I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
Minimum Investments, Targeted Employment Area Designations Among Reforms
U.S. Citizenship and Immigration Services (USCIS) has published the U Visa Law Enforcement Resource Guide (PDF, 1.58 MB) to provide law enforcement and other certifying agencies with helpful information and best practices for the U visa certification process.
Discussion Topics, Thursday, 25 July 2019:
Combination of EAD and H1B status || 2 separate employers filed for FY2020 Cap Subject H1-B || Child born outside the US before parents were naturalized || N-400 Interview || Priority date change in I 797 for EB1 approval || Change companies with I-140 approval
Updated rejection criteria includes time-sensitive H-2A visa classification
Move ensures alignment with Executive Order 13767
What are the grounds for qualifying for asylum in the United States?
Qualified asylum-seekers are those who are fleeing persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
For more information please visit this link: https://www.uscis.gov/humanitarian/refugees-asylum/asylum/obtaining-asylum-united-states
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.
The H-1B program allows employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific
August 08, Discussion Topics
-DOB in Passport different from Birt Certificate
-Impact on I-140 if company closes
-Change of status from F-1 to H-1 denied
-Difference between AR-11 and I-865
-Investor Visa process
Transition aimed at increasing efficiencies, reducing backlogs
The last day the USCIS Seoul field office will be open to the public is Aug. 16, 2019. Effective Aug.
Regulation promotes self-sufficiency and immigrant success
I consulted some lawyers on how to waive my 2 years residency, I wasn't able to finish my program or even meet the 2/3 rule. Me and my husband are so hopeless and don't know what to do, only thing that we know is through Hardship Waiver. And then God sent an angel.
PERM Processing Times (as of 7/31/2019)
Number 33
Volume X
Washington, D.C
USCIS has returned all fiscal year (FY) 2020 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. On May 17, USCIS announced that it had completed data entry of all selected H-1B cap-subject petitions for FY 2020.
Quotes and Excerpts from Rajiv on the article:
I am very satisfied the way my case was handled by Mr. Rajiv Khanna. I specially want to thank Anna and Francesca for their effort and availability whenever I had issue with any paper format or so.
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