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Recording of Free Community Conference Call (Every Other Thursday), 23 February 2017

8 years ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 23 February 2017: 
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.

Recording of Free Community Conference Call (Every Other Thursday), 2017, February 9

8 years ago By Chief Editor

Immigration.com

Citizenship and Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.

Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.

Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc.

8 years ago By Chief Editor
Question details

My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>

1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).<br>
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?<br>

2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.<br>

3) If my PERM is not approved before my current H-1B visa expires.<br>
Would I need to go back to India?<br>

4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?

Watch Video on this FAQ: Extension of H-1 beyond six years, gap, in H-1, late in filing PERM, etc.

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.

EB2 approval after EB3 on the same labor certification

14 years ago By Rajiv S. Khanna

We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category.  After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature.  We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.

Team Notes
Menka

Green Card

Priorty date

14 years ago By Chief Editor
Question details

I have a priorty date(PD)of dec 07 filled under EB3.my I-140 got approved this march.I have 5 years experience as of 2010.can I file as EB2 with another employer as my current employer is not willing and still use the same PD? My first labor certification was in audit for 2 years before they cleared it.Do I have to go through all these steps again with new employer? Can you please explain the process if possible?

You do have to start the green card all over again, but your PD is yours to take with you to the new job.

Labor filing and F-1

14 years ago By Chief Editor
Question details

My employer has being try to file labor for the last 2 years and finally decided filing as Finance major would be risky & decided to go with engineering specialization.Two major issues:
- I have 4 months remaining for 365 day deadline (H1B with time captured outside US would be Dec '11)
- My employer is asking me to go on F1 staus to freeze the time on H1.Two questions:
Is 4 months enough time for me to find a new employer & ask them to file for labor? Is it legal for me to work on F1?

It could take a bit longer than 4 months to file. You can work on F- 1 if the school allows Curricular Practical Training.

Can I file I-140 under EB2 if PERM is filed under EB3

14 years ago By Chief Editor
Question details

My Perm is filed in October 2008 under EB3 and was audited. As per your current dates, guessing it might be approved in October 2010.
1. I would like to know if I can file I-140 under EB2 as I got my work experience eligible for EB2 category.
2. If I change employer before my PERM approval, will my priority date change? If so, to retain Oct'08 date, till what time, I can be with my employer?
3. Once I-140 is approved, can I change employer or stay for 6 months and then change employer so that my priority date will retain oct'08?

1. No. PERM application determines what your category is.
2. If your I-140 is not approved, you cannot carry your PD to a new employer.
3. Once approved, you can carry your PD, even if you leave earlier than six months. You do have to start your green card process all over again.

Green Card for employees

14 years ago By Chief Editor
Question details

If a company is willing to sponsor green cards for a number of valuable employees, currently working with temporary worker visas, does it reduce the chances of success? (like applying to 4 to 5 employees simultaneously)

Generally speaking, as long as the jobs are genuine and the employer has the ability to pay, the number is irrelevant.

Guestbook Entry for Sami, United States

14 years ago By Anonymous (not verified)
Name
Sami
Country
United States
State
Florida
Comment

I came to the United States by an H1B visa. The H1 visa was filed through my company's attorney which later I asked them to apply for my green card as well. Unfortunately, the attorney made several mistakes and I cancelled my contract with them. After some research and asking from friends and colleagues, I decided to go with the Law Offices of Rajiv S. Khanna whose web site, immigration.com is well known. Obviously the cost was higher than our company's attorney but I used to hear lots of sad stories about how some unexperienced attornies lost the customer's hope, time, and money. So, I think it was really worth it because last week I received my green card after less than 3 years. This is a very good record for EB2 category. Another Iranian friend of mine took about 7 years to get his GC! Heather Riddick, Art Shifflett, Mathew Chacko, and Rajiv Khanna worked on my cases during this time and I am extremely satisfied by their experience, knowledge, care, and accuracy. Cheers to all of them and thanks again!

Guestbook Entry for Rajesh Patidar, United States

14 years ago By Anonymous (not verified)
Name
Rajesh Patidar
Country
United States
State
GA
Comment

I was in my fifth year in USA without starting my LC process. Since it was a critical stage for me, I asked my company and Mr. Khanna to file PERM LC for me ASAP. My contact person, Seema, helped me a lot in preparing the case in a speedy manner and also answered all my questions promptly. Its a very good feeling when you work with nice and professional people. Today after three months of filing my case I received a "Congratulations" email from Seema that my LC got approved. Still have a long way to go but sure its a good start.

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