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.
We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only in an authorized period of stay because of a pending extension request from the previous employer.
We filed an H-1B petition for a company that provides IT related services, on behalf of the beneficiary, a software developer. An RFE was subsequently issued, responded to and then denied as failing to prove that petitioner established that sufficient speciality occupation work was available and that the position qualified as a specialty occupation. We filed an appeal with the Administrative Appeals Office, the appeal was sustained and the petition was remanded back for issuance of an approval notice.
We filed an H-1B extension petition for a software consulting and professional services firm on behalf of a software architect requesting status and work authorization for a duration of three years. The extension was, however, approved for a duration much shorter than requested and the approval notice was both dated and received after the shorter validity period had already expired, thereby destroying the legal status of the employee and causing him to accrue unlawful presence.
I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I extend my H-1B with the same employer.
It is great if you have the time and you can actually get the H-1B visa. If that is not possible what you can do is return on the advance parole. If you are coming to take up the same job which you had when you left and that job was an H-1B on a continuing H-1B, the Government will still consider you to be on H-1B. So returning on advance parole to take up the same job which you left on H-1B is considered to be a continuation of that H-1B. You can do H-1B extensions, transfers, etc., once you are in the U.S. 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.
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?
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.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
We have applied all my H1, H4 and Green Cards through Rajiv's Law Office.
We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team.
When my company asked me for the best immigration lawyers several years ago, I have told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team.
The availability of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng.
My special thanks to Prerna Mehta and Mathew Chacko for their excellent help, support and advise in my GC process.
I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms.
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.
Looking forward to recommend your law firm to my friends.
By God’s grace and with my employer Company’s help, I am mighty glad that I found Rajiv’s law firm and at the firm - Vikas, Anna and Fran for my case.
My troubles began when post 6 year expiry of H1B, USCIS apparently rejected the H1B extension but for some reason, no notification was received regarding that rejection of extension for almost one year. The consequential mess resulted in a number of grave implications - starting from employment, GC, driving, even basic living and eventually hit my survivability.
It was at that time my employer Company (that is very supportive) introduced me to Rajiv's law firm.
I am personally very impressed that the firm showed great aptitude and that the firm pursued the case with an unflinching professional commitment and integrity. The team at the law offices worked very diligently, in a very timely manner and made a very professional representation to the USCIS. The firm addressed all the concerns of the USCIS to the satisfaction of the Authority to re-establish the just cause, resulting eventually in a victory for all involved. It was a very complex case that involved a number of appeals and re-appeals over almost a year. While it got so complex that every step of the case was like a step forward in a battleground, the law firm chugged along and helped keep faith in justice.
Looking back, it seems incredible that there is a law firm that can deliver not only justice when the just cause often seems like almost lost in a maze of unknowns, but also could make the entire engagement with the client so clean, above-board and transparent – that as a client one feels assured of being in the right hands at all times. I am in no delusions when I say the firm delivered right well on this extremely complex and sensitive case. I further believe that by upholding the just cause, the law firm not only got justice for me and my employer, but also helped created a winner in USCIS/ US Justice system. I commend the firm for helping everyone including the USCIS see the just cause. The firm, in my belief, has set an example that many others in the Immigration industry could learn to follow in the true spirit of delivering justice.
The law firm exhibited every reason why the firm has and deserves to have a GREAT name in the Immigration community.
Three cheers to Rajiv, Vikas, Anna and Fran at the firm - my personal and professional BIG thanks to them.
A new member of our community, Blueheron wanted to know -
We have received our Green Cards last week. I would like to take this opportunity to thank Mr.Rajiv Khanna and his excellent team. When my company asked me for the best immigration lawyers several years ago, I had told them that Mr. Rajiv is the best one. They have valued my advise and went with Rajiv's office for my immigration matters. Since then, I have received excellent quality service from Rajiv's team. The availaibility of Rajiv's team has been superb through out my immigration process especially, Prerna Mehta, Mathew Chacko and Reecha Nareng. My special thanks to Prerna Mehta and Mathew Chacko for thier excellent help, support and advise in my GC process. I never thought of the fees I paid for Mr.Rajiv's Office valuable services. But the attorney fees are reasonable for the valuable service they provide compared to any other noted firms. 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. Looking forward to recommend your law firm to my friends.