Guestbook Entry for Shivanand Baswannappa , United States
Name
Shivanand Baswannappa
Country
United States
State
Texas
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EAD and H-1 Conversions for Derivatives
Question details
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.
Gap in Employment during AOS
Question details
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.
AOS Denial – Consequences for H-1
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.
Lockbox Filing Location Updates
USCIS recently updated the lockbox filing location information for the following form(s). Please see the “Where to File” section of the webpage for your form.
Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv : What are the risks involved in renewing F1 visa in another country?
Published by: The Economic Times: August 01, 2022
Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.
Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.
Read more by clicking the link below or the pdf attachment.
Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna
Immigration.com
Agency
Nonimmigrant Visas
Green Card
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Naturalization issues when one continues to work with the new employer on GC instead of joining back the old employer
Question details
1. My previous employer applied for my GC and it just got approved on 07/15/2022.
(a): I have EB3 and EB2 I-140 approved from the same employer.
(b): Filed 485 based on EB3 priority date and received EAD and AP.
(c): No interfiling done to move from EB3 to EB2 and GC got approved.
2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. In case needed, I would join them back. No I-485J transfer has been done so far.
Q: Can I continue to work with my new employer using my GC instead of H-1B?
FAQ Transcript
You can, but you should join the sponsoring employer within a commercially reasonable time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Divorce while I-485 is pending: cross chargeability loss, section 498A criminal complaint
Question details
I work on H1B. My I 485 and wife's I-485 was filed in April 2022;
My priority date is Apr 2014; Have lived and worked in USA since 2004=Student visa and H-1Bvisa;
Wife was born in Nepal. She has the receipt number of my I-485 and her I-485;
I believe due to India Priority date current, I am eligible for filing and getting my GC without using cross-chargeability. Is there any implication that I should be aware of?
We are divorcing due to a mismatch in expectations. Got married in 2018; She came to the USA in early 2022 – after 4 years of disagreements and delays to live in the marriage with me.
She may file cases against me in India – such as 498A and claim that I used her Nepal birth for my GC. This was a genuine arranged marriage that was started through communication between our families.
Can she harm my I-485 case by directly communicating to USCIS about her claims. What possible risks I should plan for.
FAQ Transcript
The way USCIS interprets legal separation or divorce as being the same status conceptually. While there is no direct law on your situation, since you do not need cross-chargeability, you should not have a problem. Regarding dowry complaints and charges like 498A, we have prevailed in several cases in both green card processes and naturalizations. As long as you can show that the charges are more likely than not untrue, you may be able to overcome the problem of criminal proceedings pending in India.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Excellent and Timely job by Aruna, Prerna & Bhrathi And Timely & Accurate advice by "The Big" Mathew. We got our anxiety put to rest in respect of our daughter's college admission with pending GC. last night we got our "card production ordered" email from CRIS. Today we are truly global residents with Indian background, New Zealand citizenship and now PR of United States. Thanks to R Khanna and his incredible staff and ofcourse my employer Multivision Inc. who have supported throughout the GC process going beyond the business.
Shiva B &
Family