Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
Search
08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
I-140 Employment Authorization (EAD) in Compelling Circumstances
Question details
I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.
Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-
- Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
- If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
- Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?
FAQ Transcript
In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. More...
Note: Where transcribed from audio/video, 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.
22 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, July 22, 2021:
Guestbook Entry for Neeraj Chaudhry, United States
Name
Neeraj Chaudhry
Country
United States
State
MD
Guestbook Entry for Neeraj Sharma, United States
Name
Neeraj Sharma
Country
United States
State
California
Comment
I got my physical Green Card today. It has been a long 4-5 years and I must say that it could have NOT been possible without the constant support, guidance, diligent and patient hard work put in by Mr. Rajiv S Khanna and his stellar team of Mathew Chacko, Prerna Mehta, Richa Narang and others who I have interacted with in the past and are probably no longer with the law firm. This team was always a step ahead, instantaneous in answering ANY questions whatsoever. I have even spoken to Mr Rajiv himself at one occasion since I was really concerned about some issues and even though being extremely busy was very nice in giving me a phone appointment the very next day. He, along with his team were very courteous, non judgemental and above all very humble in their approach and conversation. I could NOT have been able to get through with this entire process without them. I did not receive any RFE, everything was done in time and with utmost precision. Once again Many thanks from the bottom of my heart. Neeraj
EB2 approval after EB3 on the same labor certification
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
Guestbook Entry for Sami, United States
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!
Very knowledgeable and profession Service