Guestbook Entry for Ravi Bhavanari, United States
Name
Ravi Bhavanari
Country
United States
State
Texas
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USCIS Updates Form I-140, Immigrant Petition for Alien Worker
USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
Recording of Free Community Conference Call (Every Other Thursday), 2016, May 19
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
Changing Back to F-1 Student Status After Filing for Green Card
Question details
I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.
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), 2016, May 05
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Guestbook Entry for Jehangir Gotla, United States
Name
Jehangir Gotla
Country
United States
State
Florida
Comment
Hi: I found my entire interaction with Rajiv S Khanna and company to be a very positive experience. Right from the initial point of contact to making an appointment and on finally speaking to Mr. Khanna himself. I would say my experience was very enriching. Thank you Jehangir Gotla
I-290B AAO Process case online status question
Question details
I am looking for your advice here, my online case status for denied I-140's appeal I-290B as "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office." this status is there for past 19 months with no further updates, recenetly opened SR recieved response saying my case is pending at AAO office in washington, which one is correct,Is my case transfered back to USCIS or still with AAO any idea. is there anyway to expedite my denied/appeal I-140 I am on 7th year H1b extension. Incase appeal denied what are the options I have.
Call AAO directly. They should be able to tell you what is going on. If the case was transferred back to CIS, that is at least partly good news. That means the appeal was not denied. As to options, you need to make an appointment for consultation with your own lawyers or us.
I-140 application, experience certificate
Question details
I am asked by my lawyer to obtain experience letters from my 2 previous employers in their letter head and signed by someone from HR. Is this something that is required for the application of I-140?
In my view, these letters should be obtained BEFORE the PERM application is even started. It can be one of the required and key pieces of evidence in I-140. But the preparation to deal with this issue has to be made even before the PERM application is drafted.
AC-21 Ability to pay
Question details
I have changed employer using AC-21. I-140 appoved - Jan'09. I-485 filed July 2007. PD June 2007, EB-3 ROW. My previous employer will not withdraw my approved I-140. I am current working on EAD with my current employer. My current employer filed for Bankruptcy under chapter 11. Do you think I might have an issue of ability of pay when I renew my AP and EAD. Thank you in advance for your help.
Normally, ability to pay is not an issue for AC21 employer. But these are unexplored situations. Tough to predict.
Current USCIS procedures for PD transfer and AOS
Question details
Recenlty we submitted my NOID response for my 485. Today called USCIS customer service about my status of my 485.They said its PreAdjucated waiting for Visa number.But they mentioned I have 2 I-140s in my file
1.EB3 PD,2002
2.EB2 PD,2005.
They said which date first current then that 140 will use. I am not sure about EB3 140( i don't have any info about this 140).B'cos i filed my 485 with Eb2 140.My case is Ac-21 .So i wasn't with both employers now.
Is that above statement correct? Do i need to do anything now or just stay calm until either of EB category comes current? Please advice.
I would probably do nothing. Under current USCIS procedures, they scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD you are entitled to.
I-140 Denied
Question details
My I-140 got Denied on Aug 17 on Ability to pay after a RFE.Reason for Denial is "Employer had filed more than 30 cases since sep 2008, and company's net Asset $4M(approx) AND Liablity $2M (approx) and so the net "LIABILITY" is $1M (4-2=1 but they have calculate as -1).30 cases with $1M libality is not sufficient to support this Immigrant , company needs more than $3M to support 30 cases. The truth is (as per my employer) that we have filed 29 cases since 2006 and not sep 2008 also company has more funds and the numbers 4M and 2M are incorrect.What can be done ?
You can refile the I-140 or file an MTR/Appeal. Both have pros and cons.
H1 6th Yr - Labor Approved - NO I-140
Question details
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
Changing Jobs After I-140 Approval
Question details
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
FAQ Transcript
Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.
Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.
Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved.
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.
Excellent Work!!! Rajiv Khanna, Art Shifflett , and the Team provided outstanding support, near perfection to get the work done. Rajiv and Art, thank you very much for the support provided by you for my GC LC and I140, that 's a tremendous work by you to answer all the Audits / Supervised Audits. It's impressive work from you. Its nice working with you.
Regards,
Ravi Bhavanari