1. My previous employer applied for my GC and it just got approved on 07/15/2022.
(a): I have EB3 and EB2 I-140 approved from the same employer.
(b): Filed 485 based on EB3 priority date and received EAD and AP.
(c): No interfiling done to move from EB3 to EB2 and GC got approved.
2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. In case needed, I would join them back. No I-485J transfer has been done so far.
Q: Can I continue to work with my new employer using my GC instead of H-1B?
You can, but you should join the sponsoring employer within a commercially reasonable time.
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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 had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.
(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?
(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?
(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?
Yes, you need to leave the United States because you have a total of six years. You are using the remainder left on that six years. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. There is no other way to extend this H-1B.
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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.
1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?
Sure, you can apply for any of these green cards while you are still a student.
Please go through my article in The Economic Times:
NIW laws require only that you possess an advanced degree. A Master’s degree is an advanced degree.
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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.
Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
Q2. Do I need permission from my current employer for H-1B transfer?
1. There is no law that requires you to wait a certain number of days before you can apply for a transfer.
2. You can change employers without the first employer's permission. There is absolutely no issue.
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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 work on H1B. My I 485 and wife's I-485 was filed in April 2022;
My priority date is Apr 2014; Have lived and worked in USA since 2004=Student visa and H-1Bvisa;
Wife was born in Nepal. She has the receipt number of my I-485 and her I-485;
I believe due to India Priority date current, I am eligible for filing and getting my GC without using cross-chargeability. Is there any implication that I should be aware of?
We are divorcing due to a mismatch in expectations. Got married in 2018; She came to the USA in early 2022 – after 4 years of disagreements and delays to live in the marriage with me.
She may file cases against me in India – such as 498A and claim that I used her Nepal birth for my GC. This was a genuine arranged marriage that was started through communication between our families.
Can she harm my I-485 case by directly communicating to USCIS about her claims. What possible risks I should plan for.
The way USCIS interprets legal separation or divorce as being the same status conceptually. While there is no direct law on your situation, since you do not need cross-chargeability, you should not have a problem. Regarding dowry complaints and charges like 498A, we have prevailed in several cases in both green card processes and naturalizations. As long as you can show that the charges are more likely than not untrue, you may be able to overcome the problem of criminal proceedings pending in India.
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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 wish to assess my eligibility for the EB-1A category. I have a B.Tech., M.Tech., and Ph.D. from India, and I just finished a postdoc in the USA. I am currently employed in India as an associate professor at a good university.
The following are my credentials.
1. I have over 25 publications in international journals and conferences that have undergone peer review.
2. I review articles for three high-quality journals.
3. I currently have 358 citations.
Just looking at the numbers is not enough. We need to look at the overall resume.
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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.
Release Date
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to reorganize and expand on existing guidance related to special immigrant and nonimmigrant religious workers.
This is a discussion by Rajiv regarding the complaint filed by a U.S Citizen against Infosys for National Origin Discrimination. The essence of the complaint is that infosys discriminates in hiring against persons who are not of South Asian descent.
Video:
Number 80
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during August for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
New tool provides option to reschedule a biometric services appointment online without calling the USCIS Contact Center
WASHINGTON—On June 28, U.S. Citizenship and Immigration Services launched a new self-service tool allowing benefit requestors, and their attorneys and accredited representatives, to reschedule most biometric services appointments before the date of the appointment.
After you file your application, petition, or request, if you need to provide your fingerprints, photograph, or signature, USCIS will schedule your biometric services appointment at a local Application Support Center (ASC). USCIS has the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit. See 8 CFR 103.2 (b)(9).
Processing Queue | Priority Date |
---|---|
Analyst Review | September 2022 |
Audit Review | May 2022 |
Reconsideration Request to the CO | August 2022 |
Release Date
U.S. Citizenship and Immigration Services (USCIS) today announced it would update its visa availability approach for managing the inventory of Form I-526, Immigrant Petition by Alien Investor, to promote greater efficiency.
I started working in the USA at my current company as a technical engineer, and they sponsored my GC application under the EB2 category. Recently, I was promoted to a manager position where I now oversee a team of 10 individuals. I'm wondering if I qualify to apply for a GC under the EB1 category based on my managerial role.
What are the available avenues to pursue a GC under EB1 as a manager in my current situation?
The answer is yes, but remember, EB-1C requires that you have worked for a branch or a sister company affiliate of this company outside the U.S. for one year as an executive or managerial employee, or equivalent.
FAQs: Legal options and factors for a future stay in the USA; not selected in H-1B lottery, Master's Degree, and passport renewal ||Transfer an approved H-1B selected in the lottery to a new employer before October 1
Currently, I am holding a STEM OPT from May 2022 until May 2024 (2 years).
My employer had applied for H1B this year and last year but had no luck.
Question and suggestion, please:
1) What are my legal options?
1.1 Apply for H1b next year in March and wait for the result, In case H1b is picked, how do I process it as my STEM opt expires in May 2024?
2) Enroll in university for the Master's degree?
2.1 I have a few classes remaining for my master's as I have finished my bachelor's degree in the USA and I take Day One CPT? Once a master's degree is complete, reapply for OPT and STEM OPT.
2.2 Should I continue to apply for H1B in the meantime?
3) If I apply for Master and Day One CPT, do I need to enroll for May–August 2024 (the summer class) or can I enroll for Fall 2024?
Note: STEM OPT Expires: May 15, 2024, or please suggest any other better option to stay in the USA.
Lastly, my passport expires in May 2024 as well. Is there any problem there?
- I'm thinking of starting the process for the renewal online. Should I do it now or wait for some time?
OPT can be applied at the next higher educational level. For instance, if your first OPT was based on a master's degree, you would need to pursue a higher level of education, such as a PhD, to apply for another OPT.
Regarding your passport expiration, it shouldn't be a significant issue. You have the option of expedited passport processing, which can help you get your passport renewed quickly. Overall, it should not cause major complications, and you should be fine.
For more information on your question please visit the blog section:
I am in the F1 OPT period and I worked with Amazon from August 2022 to May 2023. My H1B got picked in the lottery this year, and got it approved in June 2023. Currently, I’m in my 90-day period of unemployment, and would possibly get a new job with another employer before it ends.
I don’t want to lose my H1B this year. Is there any way that I can transfer my approved H1B to the new employer?
You can transfer an approved H-1B selected in the lottery to a new employer before October 1st.
Release Date
The Department of State’s National Visa Center (NVC) will begin issuing invitations under the family reunification parole (FRP) processes for Colombia, El Salvador, Guatemala, and Honduras on July 31, 2023.
FAQs: Can I omit a previous experience in PERM filing and I-140 transfer between companies? || Sponsoring Employment-Based immigration petition for Self-Employment: EB-2 or EB-1 I-140 || H-1B visa holder working remotely from India: Permissibility of working for an Indian company and also starting a business in India || Starting a new venture as an H-1B visa holder: Establishing an LLC/CCORP and Involvement as a Board Member and Founder
I want to thank Mr. Khanna for his valuable inputs throughout my immigration process. His office is very knowledgeable and well informed. Special thanks to Bryant and Heather for their super quick responses to my questions. They have been very patient, supportive and always on time with their inputs all these years. It goes without saying that I will recommend this office to the people in need, friends and families. Thank you.