USCIS Clarifies Guidance on Initial and Further Deployment of Investment Capital
USCIS has updated the USCIS Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program.
USCIS has updated the USCIS Policy Manual with clarifying guidance on the deployment of investment capital under the EB-5 Immigrant Investor Program.
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july.<br>
1.What is my success rate of getting L1A<br>
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA<br>
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
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.
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
Its been about a year since I have interacted with the Law office of Rajiv Khanna and I have found them to be very knowledgeable and experienced with the whole immigration and Green Card process. They have been quick to answer any questions and efficient throughout the course of the application. Thanks to the team for making the ordeal of the entire process a lot more simplified!