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Eligibility for and the process of EB-3 to EB-2 Porting

4 years ago By Chief Editor

Question details

Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?

Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

Video Transcript

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.

Dec 17, 2020 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Dec 17 Community Call

FAQs: Pending I-485 Petitions and 180 Day Portability Rule || Supplement J timing and joining previous Employer || Eligibility for and the process of EB-3 to EB-2 Porting || Job Change after I-140 Approval, Before I-485 Submission |||| Loss of H-1B Job and Opting for B-2 Visa || Delay litigation/Mandamus

Other Topics : CSPA (Child Status Protection Act) Age Calculation and Updating DS-260 Immigrant Visa Electronic Application || H-1B and Green Card Process with a Payroll Issue || Permits for Dependents with SOFA (Status Of Forces Agreements) Status || Moving from Canada to the USA with L-1 Visa || Advance Parole and EAD Renewal Applications || H-1B Petition was Approved, but the Extension of Stay Denied || Per-Country Quota Limitation for Employment-based Immigrant Act || H-4 Litigation and H-4 EAD Application Pending

Jan 21, 2021 Recording of Free Community Conference Call (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

FAQs:

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

4 years ago By Chief Editor

Question details

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

Watch the Video on this FAQ: I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

FAQ Transcript

Video Transcript

1. The answer is no. But if you want to you could.

2. AC21 protects you from these layoff periods and periods between changing jobs.

3. No problem.

4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.

5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.

6.You don't have to prove job salary to get these renewals. FAQ in detail...

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.

EB-2-NIW–Physician in Medically Underserved Area

11 years ago By Chief Editor

We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.

Green Card

Guestbook Entry for Swati Kohli, India

11 years ago By Anonymous (not verified)

Name

Swati Kohli

Country

India

State

India

Comment

We had a short call with Mr. Khanna to evaluate our case under certain category. He was upright honest with his comments and suggested us an approach in our favour. The call was without a charge. I am sure i will take all my actions with his consultations in the future.

Guestbook Entry for Shweta, United States

11 years ago By Anonymous (not verified)

Name

Shweta

Country

United States

State

New Jersey

Comment

I had several pending I-485 application family-based as well as employment based. I withdrew family-based yet I received an interview notice for the same. I was quite concerned about its impact on my remaining GC applications. Mr. Khanna's team had no obligation to provide any counsel, since I was not their client anymore. Yet Mr. Khanna made himself available and provided guidance. Mr. Khanna's law firm offers more than just handling of the legal process... they go above and beyond to create a sense of community and offer a great service to folks dealing with varying immigration circumstances. It was a truly humble gesture on his part and its really comforting to know that you have Mr. Khanna's firm by your side, if needed. Many thanks for all the help... truly appreciated.

EB-2-NIW–Physician in MUA

11 years ago By Chief Editor

We represented a physician working for a healthcare network within several counties of a Medically Underserved Area (MUA). Initially, we submitted the required documents, but the tricky issue was the division of the physician’s service over several counties. The approval in this case required that we work closely with officials from the State Health Department to provide proper documentation and verification of the full-time nature of the job, albeit across several areas and proof of physician shortage within each area.