I-130 & I-485
Question details
My immigration status is in pending for AOS. My spouse got recently the US citizenship. If she files for I-130 do I need to file for another I-485?
No. You should be able to use the same I-485.
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AOS applicants applying for H-1 visa
Question details
My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.
We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.
We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.
Can a new employer file I-485 using an old employer's I-140?
Question details
My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.
Questions:
1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?
2) Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?
FAQ Transcript
- When that application itself is illegal or at least improper, I do not see how you can use any component of that with any degree of comfort.
- I would withdraw that I-485. I certainly think it is a bad idea. Even if it is approved, it has no value because it can be revoked at any point of time.
Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA
Question details
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
FAQ Transcript
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.
Recording for December 15, 2022 Conference Call with Rajiv S. Khanna
Green Card
FAQ: Explaining PERM Prevailing Wage Determination (PWD) and its elements || Recapturing H-1B unused time (Remainder Option); Changing H-1B field; USCIS’s stand on combining degree and work experience || H-4 EAD visa holders opening an LLC in the U.S. and employing their H-1B holding spouse on concurrent H-1B || Gap in status, for instance, H-1B and H-4 status issues || Eligibility for EB-1A (Extraordinary Ability)
Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand
Question details
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.
- Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
- Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
- Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Also, do we have any info on what the status “Case Remains Pending” means?
FAQ Transcript
1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.
2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.
3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.