CIS Ombudsman Update to Resolve Pending Derivative Form I-485s Due to File Separation
This update will share information on current trends and issues to assist individuals and employers in resolving problems with USCIS.
This update will share information on current trends and issues to assist individuals and employers in resolving problems with USCIS.
If both husband and wife are on EAD and waiting for I485 approval, how does it effect the status of i485 for the spouse of one of them decides to divorce?
If the divorce occurs before the 485 approval, the derivative spouse is no longer entitled to a green card
Its been about a year since I have interacted with the Law office of Rajiv Khanna and I have found them to be very knowledgeable and experienced with the whole immigration and Green Card process. They have been quick to answer any questions and efficient throughout the course of the application. Thanks to the team for making the ordeal of the entire process a lot more simplified!
I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
I am so much thankful to this Office since they started my case. This Office did my I-140. It is approved and I-485 approved. This Office has taken care of each and every step at all levels with great care without mistake. This office so much helpfull. I am so much thankful to Mathew and Bharathi for their help. I would like to explain how much this office helpfull. I was forced to change the employer to keep my job lost December 2008. I asked this office to file AC-21. They asked me get consent from my previous employer as this office is having agrement with previous employer. Then previous employer did not accept it. Then I consulted other Attorney. They agreed to file my AC21 with G-28 form. My case is transferred to my new Attorney. I got query on my I -485. The query has my new attorney name, they sent it to this office instead of my new attorney. This Office immidately took care and informed by phone and mail irrespective name of attoney on the query letter. I was not in office and I did not see mail. And not replied to mail. Then they called me on cell phone at least 4 times on the same day. Unfortunately my cell phone was not working properly. They left me 4 voice mails. I saw voice mails in the night. This indicates how much this office is helpfull. I always respect quality of work and helping nature. This Office has got every thing to deal cases. Please do not think about fee. I always suggest to go with this office and forget your case. They will take care of you in all aspects. I am gratefull to Mathew and Bharathi. The help is priceless. Thank You.