Recording for March 09, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
AC21, Adjustment of Status laid off related questions, including the following and more:
...................................................................................................
Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?
Answer: You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B.
Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status, only at the Nebraska Service Center and not at the Vermont Service Center.
USCIS Nebraska Service Center
U.S. Postal Service (USPS):
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
FedEx, UPS, and DHL deliveries:
USCIS
P.O. Box 87426
Lincoln, NE 68501-7526
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
Release Date
03/31/2023
U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.
Indian-born client had I-140 Approved and I-485 filed through first Labor Certification case under EB3 with a 2003 Priority Date. He also filed an I-140 under EB2 with a Priority Date of 2006. Rajiv advised to file I-485 through 2nd Labor Certification, requesting Service to permit inheritance of the 2003 Priority Date to have a current I-485 case. Based upon the 2nd I-485 being filed and the EB2 category request, the client obtained his Permanent Residency 1.5 months after filing the 2nd I-485.
Indian-born client had I-140 approved under Category EB2 with Priority Date of 2003 and a pending I-485 case affected by retrogression. The client married a foreign spouse while I-485 was pending. The new spouse was born in Canada, a country not affected by retrogression in the client's category. We filed the I-485 for the new spouse and a request for cross-chargeability for the main applicant. The client's I-485 was approved 3 months after request for I-485 cross-chargeability and the spouse was approved 5 months after the I-485 filing.
We received I-485 RFE's for multiple pending clients where the sponsoring employer is located in State A and the applicant is living in State B. In such cases, USCIS requests justification for the discrepancy in locations. Citing to various section of pertinent legal code in our RFE responses, many I-485 applications have been approved within 60 days of RFE response submission.