Guestbook Entry for Mamatha V. Durgam , United States
Name
Mamatha V. Durgam
Country
United States
State
Maryland
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Multiple I-140 filings
Question details
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.
GC future job; H-1 ext. revocation upon 140 denial, etc
Question details
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.
Employers and Employees -- H-1 or EAD?
Question details
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.
USCIS Finally correct 140 Premium Policy
Back in June 2008, we, on behalf of clients and community, had sent a letter to USCIS pointing out their defective policy. After 8 months, they have finally (partly) corrected the problem. Read the letter and the details here:
http://forums.immigration.com/blog.php?b=15
The second memo from USCIS is attached.
Supplement J timing and joining previous Employer
Question details
I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .
FAQ Transcript
Note: 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.
Eligibility for and the process of EB-3 to EB-2 Porting
Question details
Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?
Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting
Video Transcript
FAQ Transcript
Note: 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.
Job Change after I-140 Approval, Before I-485 Submission
Question details
I have a PERM and i-140 approved by my previous employer. My priority date is 15 Mar 2015. I changed my employer in Jan-2020 with a similar job occupation. I was told that I don’t need to file a completely new process for PERM and i-140 with the new employer but the new employer can file an i-485J form when the priority date is current to complete the remaining GC process. Is this a valid process to complete my adjustment of status(i-485) and apply for EAD? What are the complications involved of going through the route with old i-140 and getting an approved i-485? If that option is not viable, will I have to file a new i-140 with the new employer? There’s got to be an easier way of dealing with this, because I’m sure many people have changed their employer after their i-140 approval.
Watch the Video on this FAQ: Job Change after I-140 Approval, Before I-485 Submission
Video Transcript
You have to start your green card all over again, no question about that. FAQ in detail...
FAQ Transcript
Note: 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.
Dec 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Dec 17 Community Call
FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus
Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending
Jan 7, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Jan 7, 2021
FAQ: Visitor, Tourist, B-2 visa extensions and multiple extensions
Other Topics : 180 Day Portability Rule || Dependent Numbers Effects on Per-country Numerical Limitation for Employment-based Immigrant Visas || Advance Parole Impact on H-1B and H4 status || Consequences of Leaving U.S. with Expired L2 Visa and Expired L2 EAD while I-539 and I-765 Petitions are Pending ||Visitor Visa Extension for Parent with Expired 1-94 and at High Risk for COVID || Determining Whether H-1 Petition was Revoked by H-1 Sponsor || Starting a New Business After I-140 Approval While on H-1B Visa || Citizenship Process and Request for Diversity Files from 2001 || Impact of Advanced Parole on H-1B Parents/H4 Children While AOS Pending || Regarding Return Ticket for B2 Visiting Visa Extension || H-1B and I-94 Expired in Dec. H-1B Extension Pending. Impacts if a New Employer Files H-1B Premium Processing || Follow up: AOS, Consular Processing Delay: "Administrative Processing"
Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Green Card
Substantial transcription for video
FAQs:
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Other Topics :
Maintaining green card status outside the USA during the COVID-19 pandemic || Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade and maintaining H-1B status after getting EAD || Receiving green card in a few months on the EB-1C/L-1A route and consequences of changing jobs or leaving job immediately after green card approval || H-1 Visa Laid-Off repercussions, F-1 pending - 60 day grace period || Investing in real estate property, stocks and day trading in the USA with an LLC || Employer not willing to file I-824 to support filing Adjustment of Status (AoS) || Currently on J-1 visa and PERM application is in process: Type of waiver, if needed, to present for same-sex spouse who is on J-2 || H-4 to F-1 and biometrics appointment schedule || H-1B Cap exempt and spouse on H-4 EAD seeking a job || Unemployed on H-4, filed I-485 AOS as a Principal Applicant with Supplement J || How to ensure application in process and get A#. || Spouse currently studying on H-4, applying for her F-1 Visa. Both I-140s approved. Will not going on an H-4 EAD create issues? || Applying for citizenship for Parents with green card and continuous residence issues || F-1 visa expires while waiting for marriage-based green card.
I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)
Question details
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
FAQ Transcript
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
Note: 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.
Rajiv Khanna and associates are helping me in my Green Card processing. I received an RFE on my I-140; the response was well prepared by Attorney Sheena Gill. I got the approval on my I-140 in a week’s time after response was mailed; I am so excited about it. Rajiv Khanna and Sheena Gill have done an excellent job. I appreciate their expertise and the utmost care they have taken in preparing the response to a tough I-140 RFE. I would recommend the Law Offices of Rajiv S. Khanna to anyone who is looking for a good immigration lawyer for any immigration related work. I am very grateful and thankful to Rajiv S. Khanna for helping us to get through the various stages of Green Card processing. We also thank all the staff members of Rajiv Khanna, especially Ms. Sheena K. Gill, Mr. Mathew Chacko and Ms. Suman for their professionalism and showing keen interest in preparing documentation for Green Card processing.