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Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, September 30, 2021:

FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.

Nuances of changing employers during the green card process

3 years ago By Chief Editor

Question details

My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?

FAQ Transcript

First of all you have to be in the United States to apply for your Adjustment of Status. Secondly in your case, because no new green card was started, your old employer must offer you the same job which you have to go and join eventually in good faith.
You can actually have I-485 filed through a job offer from employer A, the same job which was the basis of your green card. If you don't have that, you cannot file I-485. You can only file for I-485 /Adjustment of Status when your priority date is current and the job that is the basis of the green card is available to you right then. After 180 days of the I-485 pendency, you may never have to join the old employer because you can take a same or similar job anywhere. Just make sure that you have the good faith, honest intention of joining the old employer when you file the I-485. More...

Note: Where transcribed from audio/video, 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.

EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

3 years ago By Chief Editor

Question details

Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?

2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.

3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.

FAQ Transcript

A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.

2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.

3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...

Guestbook Entry for Kiran Kasuganti , United States

16 years ago By Chief Editor

Name

Kiran Kasuganti

Country

United States

State

Maryland

Comment

Thanks to Mr.Rajiv Khanna and Ms.Sheena Gill. I got a most substantive RFE on my I140. INS asked too much information and the time is less. Sheena and my company worked over time and replied to the RFE with perfect documentation with in the time.I was surprised to see the approval time within a week.

The credit goes to Ms. Sheena and my employer.

Guestbook Entry for Ravi , United States

16 years ago By Chief Editor

Name

Ravi

Country

United States

State

Connecticut

Comment

I got an RFE to prove my experience with skills and old employer was not ready to give letter with skills. Sheena, Rajeev and Mathew took care of it so professionally. When I read the RFE reply before sending it; I was amazed at the work put in. Once again thanks to Sheena and all.

Guestbook Entry for Ram Krishnan , United States

16 years ago By Chief Editor

Name

Ram Krishnan

Country

United States

Comment

Thanks to Sheena for working on I-140 RFE that required lot of documents and finally it was approved. Also I would like to thank Mathew, Prerna and Richa for working in my GC process. I hope I-485 will be approved soon.

Guestbook Entry for Bharghava, United States

16 years ago By Chief Editor

Name

Bharghava

Country

United States

State

Comment

I have been working with Rajeev Khanna's Laws office since the beginning of 2005 when i applied my labor. The whole team has been very helpful and very prompt in informing me about the latest status. I have had RFE on labor and 40 and both have been addressed promptly and all the documentation was done without much involvement from me. Even when we had a window to apply for my I -485 within a very short period of time. I personally thank Sheena, Tarun and the whole team for being very helpful. I hope i get my 485 approved soon. I would recommend the team to everyone who is looking for their immigration and other services. Thanks once again.

Green card holder working on multiple jobs - Is it legal?

3 years ago By Chief Editor

Question details

I received my green card two days ago. I work 40 hours a week in IT company A as a full-time software engineer from 8 a.m. to 5 p.m. Monday to Friday. Can I work on another full-time job 40 hours a week in IT company B as a software engineer from 8 a.m. to 5 p.m. at the same time while working for company A if I can manage because I am working remotely? While I am employed with company A full-time 40 hours a week, can I work on another part-time IT job like 20 hours a week assuming that some hours of IT full-time job overlap with some hours of IT part-time job? Can I work on another non-IT full-time or non-IT part-time job during weekends/holidays, or after my other job working hours while I am employed with company A full time?

FAQ Transcript

I believe if you want to take up a second job by not leaving your main job (that got your green card) you could do it. You could have a part time or a full time job. More...