Guestbook Entry for Samik Banerjee, United States
Name
Samik Banerjee
Country
United States
State
NJ
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US embassy denial
Question details
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?
It is unlikely, but possible.
Cross chargeability
Question details
On H1B, born in India, EB2 I-140 approved but cannot apply for I-485 since PD is Nov 2008. Is cross-chargeability applicable in this case, if I marry GF who was born in country other than India/China?
Is it OK if the GF is not here right now or on other visa category than H1B? Will marrying enable both of us to file for I-485 immediately?
Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.
EB-2 NIW I-140 portability for employer-sponsored cases
Question details
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
FAQ Transcript
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Hi: I would like to thank Mr. Rajiv Khanna for giving me and my employer some guidance on my case. The conference call with him was well worth the time and the money - his staff was very professional in setting it up and during the call he was very helpful and was not at all rushed. What I liked was even though we ran onto the next appointment's time he asked us to jump back in the call after sometime to make sure all our queries were answered. Thank You Again.