Update to Form I-485
USCIS recently updated the following USCIS form(s):
01/03/2018 12:00 AM EST
For more information, please visit Forms Updates page.
Search
Working for two companies on EAD
Question details
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
Working abroad while AOS pending
Question details
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
NBC Updates - 08/17/09
Procedures at NBC for I-485 applications that require an interview - NBC works as a pre-interview processing center for I-485 applications that require an interview. The center (NBC) also performs an “Initial Evidence Review’ for basic required documents like the birth certificate, I-693, I-864, proof of legal entry and for other documents. A case is “interview ready” once the application is placed under the scheduling queue as soon as NBC completes its pre interview processing steps and verifies the case.
AC21 - accepting a green card
Question details
1) After getting the GC through a sponsoring employer, is there any procedure to indicate that the future job is accepted by the employee. I mean switching from H1B to GC status is just based on letting the employer know about the status or is there any paperwork needed to be sent to USCIS?
2) Also, based on getting a green card, is there a stringent requirement of payroll checks? This is based on the fact that H1B employees have to maintain the payroll constantly (based on my knowledge). I am asking this in case I want to take a vacation for some time in case I get my GC?
3) After joining the sponsoring employer, if on GC, more opportunities come by, is it allright to consider those opportunities? What is the timeframe for USCIS to consider that the employee did have the right intent to join the sponsoring employer?
A1) There is no formal procedure other than joining, preparing a Form I-9, being on the payroll and actually working.
A2) You can behave like you would in any other permanent job - take vacations, etc.
A3) That question has been answered on my blog. See http://forums.immigration.com/blog.php?b=36
SCOPS Updates - 08/24/09
USCIS will go on accepting Employment based Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009 - According to the availability listed in the August 2009 Department of State Visa Bulletin USCIS will go on accepting Employment Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009. However, as of September 1, 2009, the September visa bulletin will control and this category will turn out to be “unavailable”. For more on this please click the recent visa bulletin here.
Important questions on H-1, AP and Travel
Question details
1. I am on H1B. It is valid until 2010. Since I am hearing that there are many queries on the port of entry, do ou think I should travel back to the country with valid AP or H1? Which one is more preferable?
2. Considering I have valid H1B until 2010 and valid AP (though I don't have AP at the moment). I plan to stay on H1 as long as I am waiting for my greencard. But for travel purposes I use AP. Does coming back into the country using AP will change my status from H1 to EAD?
3. How long is AP processing taking these days?
4. All my co-workers are getting huge queries on H1 extension or H1 transfer. Is AP processing also getting queries? Should I even start AP processing?
5. Please list out all the documents that I should carry while traveling?
1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .
2. No. See answer above.
3. It is impossible to predict times. Plan for a six-month turnaround.
4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.
5. Advance Parole and Passport.
Extension of Comment Period for Form I-485 and Supplements A and E
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]
---------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request
Recording of Free Community Conference Call (Every Other Thursday), Jan 11, 2018
Immigration.com
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within
Submitting adjustment of status, form I-485, when the applicant is in between projects/not working
Question details
While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?
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.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: February 2018
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Change in Job Title after Getting a Green Card Approval
Question details
Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?
Watch the Video on this FAQ: Change in job title after getting a green card approval
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.
Recording of Free Community Conference Call (Every Other Thursday), Jan 25, 2018
Citizenship and Naturalization
Effect of Salary Variations During L-1A Visa
Question details
I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month
FAQ Transcript
Video Transcript
Ideally, you should be paid what is indicated on the L-1 paperwork, but there's certainly no law that I can point to that mandates that result. It is just a general sense of uneasiness because it could go into eligibility. Also, if your payroll is run with salary plus bonus I think then you should be ok although I haven't researched this issue. Have your lawyers look into it.
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.