Guestbook Entry for Anshul Singh, United States
Name
Anshul Singh
Country
United States
State
California
Search
EB-2 and 3+2 Pattern of Education
Question details
I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?
If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.
Guestbook Entry for EAB, United States
Name
EAB
Country
United States
State
MD
Comment
I contacted the Law Offices of Mr. Rajiv S. Khanna for secondary advice in regards to my and my husband's green card process and filing of G-639. Via telephone conference I received helpful advice, more detailed information and clarification than I had received from my other lawyer. I found Mr. Khanna very knowledgeable. I wish I had come to Mr. Khanna's office at the start of my green card process. I strongly recommend his service. /EAB
Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
Question details
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
FAQ Transcript
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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.
Rajiv and Art - I can't thank you enough for the magic you did in order to get my green card which was almost next to impossible. I applied my first green card through another lawyer in 2002. That got rejected. We went to the court in Washington to challenge the rejection (through another lawyer) but lost the case. I was basically asked to pack my bags and leave the country. Luckily I had applied through another company (another division within our company) and got H1 to extend my stay and refiled my green card through the same lawyer but he said it might take a long time and my case will go into review since it has been rejected the first time. At this point i reached out to Rajiv Khanna to apply my green card again (3rd time). He has an excellent team. Art helped with my case. I was very surprised that instead of me pushing Rajiv's team, they were pushing me to work promptly. Art was always on top of the case. Whenever i had doubts, Rajiv was always available for consultation. . I finally have my green card in just 2 years since i applied thanks to Rajiv's effort. Please go with Rajiv and relax, his team will make sure your case moves at a fast track.