Guestbook Entry for Jitendra Chaudhary, United States
Name
Jitendra Chaudhary
Country
United States
State
Texas
Search
EB-2 experience
Question details
I am currently on H1B and have I-140 approved on EB-3 with a PD of Oct 06. I have overall 9 years of experience, which includes 4.5 years outside current employer. However, I had resigned my current employer an year ago and worked for a different company for an year and then joined back my current employer in Aug 2010. Since I haven't been continuously employed with current employer, I am wondering if ALL years prior to Aug 2010 can be considered for EB2 qualification.
Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.
Guestbook Entry for Sudipta, United States
Name
Sudipta
Country
United States
State
NY
Comment
I appreciate Mr. Rajiv Khanna & his team for their honest & sincere effort to handle my GC case. Before I came to know about Mr. Khanna I worked with several other immigration lawyers. Converting my status from F1 to H1 to GC was a long & complicated process & sometimes was quite frustrating. When Mr. Khanna & his team started handling my case, immediately I realized that he could handle my situation better than any other lawyers I met before. Sound knowledge, great team, honesty & excellent customer support are the strong points of his team. It was always easy to communicate & work with his team. I will always strongly recommend his name to everyone who needs help about immigration.
Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling
Question details
I entered USA on AP (EB3 EAD), I have a valid H1B I-797A till May 2024 I have approved EB2 I-140 I also have RFE on my EB3 I-140 (EAD and AP received on EB3 filing)
1) How can I get back on H-1B status without going for stamping?
2) Can I interfile my EB3 485 to EB2 485 with pending EB3 I-140
FAQ Transcript
Since you have already entered and resumed the same job you are still considered to be on H-1B. There is nothing to get back to.
Yes, you can. Although you have traveled on advance parole you should be able to file EB-2 interfiling.
For more information you can also visit my blog:
https://immigration.com/blogs/adjustment-status-transferring-basis-i-48…
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Can we file more than one AC21 portability Supplement J if we continue changing employers?
Question details
I have a question regarding the AC21 180 days rule. My I-485 Green Card was approved under EB2 category in March 2022. I changed my employer in October 2021 but my new employer filed AC21 I-485j only in February 2022 when my PD got current. When can I change jobs if I get a better offer? Do I need to work for 180 days with this employer since I-485j filing date?
In total, I have worked for 9 months for this employer (5 months before filing AC21 and 4 months after GC approval).
FAQ Transcript
There is no limit on how many times you can change employers on AC21 portability and there is no requirement that you must work for an employer for 180 days.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
EB-3 to EB-2 interfiling after using Advance Parole. Reverting back to EB-3 if needed
Question details
I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.
1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?
FAQ Transcript
1. The answer is yes. USCIS has made it clear that even if you have used the advanced parole the center will still allow you to do your interfiling as long as the dates for final action dates are current. Please refer the blog for more information: https://immigration.com/blogs
2. According to the USCIS you may only do so once. Although I don't know why I think it's improper enforcement of law and procedure but that's what the USCIS has said. Therefore, it is still possible, but you cannot interfile. However, in my view you can always file another I-485 to also activate the EB-3 from which you have already taken out the pre-existing I-485. Hence, I do not see any problem with filing a second I-485.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
"Same or similar job" criteria for green card AC21 portability
Question details
1) I-485 Filed under EB 3 Downgrade - More than one year back and pending
2)Independent I140 Approved both in EB2 and EB3 (Not as Amendment)
3) Currently working on H1B Work Authorization
4) I-485 EAD and AP Available but never used (EB3 Category)
Questions: -
1) If you change your job but by transferring your H1B (Change of Employer) and NOT use EAD, would the AC21 still apply (Same or Similar Job constraint) if you want to keep the I-485 alive?2) You said the last call that for Same of Similar Determination - USCIS Looks at all aspects:
a) Do the Job Duties and Actual Job Title need to be a dollar-to-dollar match?
b) Job Location Changes (One City/State to Another) and Job Mode Changes (From Onsite to Hybrid or Fully Remote) - Allowed?
c) Compensation Differentials - Positive or Negative - Any specific considerations/grey areas
FAQ Transcript
1. Absolutely fine. There is no law that states that in order to enjoy job portability you must necessarily use your EAD. In fact, in ninety nine percent of the cases I would advise you to transfer on H-1B simply because if there is a problem with your I-485 we are on solid footing to fight it out, otherwise you would be out of status and unlawfully present if your I-485 is denied. Hence definitely keep your H-1B active.
2. That depends. It doesn't have to be a one-on-one match job location. You can move from one state to another as this is a part of AC21 compensation. The only time you will have a problem is if the compensation is unexplained and it's a huge jump. Always ask an attorney who understands your situation to review your file.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I-485 interfiling to use EB-2 instead of EB-3 with a new employer
Question details
I'm an Indian national living in the USA.
1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.
Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)
Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.
FAQ Transcript
1. The reply is “No”. They cannot because employer B’s EB-3 was inherited by employer C, and you never filed a I-485 so that cannot be used.
2. Either go back to the first employer if they have a job offer. You can actually apply for a I485 without joining but this should be discussed with your lawyers in detail. Hence you could file for a I-485 based upon the job offer and I-140 which was approved through employer A but if you want to stick with employer C either you stick with EB-3 or you start another PERM application through them for your EB-2 categorization.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Great Help, Keep up the good work.