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.
Your team was very helpful, right from start to finish. I am definitely going to come back to your office for future immigration needs. Thank You for all your help.
I got Mr. Khanna's Reference from a friend of mine as Immigration Lawyer. Since my first discussion,and then applying for H1-B visa for one of my employees, Mr. Khanna and his staff has been exceptional in response, knowledge, promptness and understanding. To say the least our employee got the H1-B visa and everybody is so happy, that all our future work needed for our company on immigration question will be done by M. Khanna's office.
Awesome work, we are regular clients of their law firm and each time the experience is the same: Helpful, fast and APPROVALS!
Rajiv is an expert on Immigration Laws and is straight up and abreast of rules and regulations and is strict about the law and stays strictly as defensive. Rajiv has an excellent team in Mathew and Heather. They are very knowledgeable, proactive and understanding. I highly recommend Rajiv and his team of Mathew and Heather as your case managers.
Your team is very professional, diligent and has very good attention to details. Everybody there including Vikas, Anna, and Fran were very punctual and responded to our queries promptly and guided us through every step in a professional manner. Even after getting a RFE, they came up with good solutions to resolve the issue and get the application approved. I will definitely refer your firm to my friends and colleagues.
I received our GC within 16 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on immigration laws and is straight up and abreast of rules and regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or in completion about the paperwork done under his guidance which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Mathew, who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Heather, Judi and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. I will recommend to all of my friends and everybody I know to go through Rajiv S. Khanna’s Law Firm. We are thankful to Rajiv and his staff.
Rajiv, Suman helped and encouraged me when my 140 was denied even after filing the amendment to treat it EB-3 . They were very prompt, knowledgeable and helping . I strongly recommend Mr Rajiv Khanna for any immigration related work
Rajiv Khanna's office is handling my Green Card process and in general, his entire team is very responsive and provide a good support. I received an RFE on my I140 petition, with very peculiar queries. Sheena Gill took the responsibility of compiling the response for the RFE. She did a great job in following up and compiling the evidences and gave me very good suggestions. She was prompt in responding and provided necessary information to me to take the appropriate steps. It has been great to work with her. Her dedication, effort she expends are great. Great Team.
I received approval for my I-485 adj of status for me and my family on July 21,2008. I knew about Rajiv and his team from my H1 transfer, LC and I-140. Now one more chance for me to thank Rajiv and his team for getting my GC approved. I can proudly mention that my case was in a good hand. Rajiv a kind-hearted and knowledgeable person who handles the cases very cleverly. We get good advices from him always. I also have to mention that Rajiv has a very good team in his office. They also act immediately and response quickly for all our issues and questions. I understand all his team people are good in providing a good service to clients. Especially I would like to thank Attorney Mathew Chacko, who is a very good man personally and officially while handling my case. Mathew acted very quick and responded my questions immediately without any hesitation. Every time I get upset Rajiv and Mathew only convinced and encouraged me. I really thank other team members Subha, Prerna, Bharathi also for their immediate and quick action every time. I strongly recommend every one to go through Rajiv's Office for you immigration process. He and his team not only act as an Attorney's Office but they acted as a very close family member to get GC and other process for us. I cannot forget Rajiv and his team in my life time. They lighted my future with brightness. Once again my heartfelt thanks to Rajiv and his team.
Thanks to Mr. Rajiv Khanna's team for going through the long process of Green Card. I got my green card last week. Especially my thanks to Mr Mathew Chacko and Mr Vijay Durgam. They are so helpful in my case.