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Guestbook Entry for Gayathri S, United States
Name
Gayathri S
Country
United States
State
Texas
Green card through two employers and future employer
Question details
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
How to get a copy of I-140 approval
Question details
My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br>
How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376
FAQ Transcript
Recording of Community Conference (Every other Thursday), 2015, March 19
Immigration.com
Nonimmigrant Visas
Immigration Law
Workload Transfer within Service Center Operations
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days
Question details
Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdrew I-140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days have passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application? Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?
FAQ Transcript
You should talk to an employment lawyer.
Recording for April 06, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
What to do if one is in India during the PERM and I-140 approval process
Question details
I'm on H-1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
1) PERM approved and i140 filed; (while I'm in India)
2) Receive PERM audit; (while I'm in India)
3) I-140 approved and Post I-140 approval; (while I'm in India)
Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?
FAQ Transcript
1. No problem.
2. No problem.
3. No problem.
Do discuss your long-term plans with your lawyers.
Recording for April 20, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
Guestbook Entry for Misha Kumar , United States
Name
Misha Kumar
Country
United States
State
Virginia
Comment
Both Rajiv and Diane provided me with excellent guidance and support in my green card application. They answered all the questions in detail and also motivated me to move forward with my application. Diane personally took my calls many times to answer many questions that I had during the process. Right guidance from their team helped me get my I-140 approved in EB1 category. I would definitely recommend their firm to anyone seeking help for immigration.
Impact of job changes on pending I-140 and/or PERM applications for H-1B holder
Question details
If your company files a new PERM for a different role within the same organization after your initial I-140 is approved, will the initial I-140 still be active?
If your employer revokes your initial I-140 more than 6 months after it is approved and you move to a new role within the same company, is there any risk involved?
Will every organization need to apply for a PERM again in the future if you switch employers? Can you work for an organization that is not ready to start your PERM process, and can you use your previous approved I-140 to extend your H1B for a new employer?
If you lose your job post I-140 approval and don't find a new job within 60 days, can you still apply for jobs while outside the United States? Will your last approved I-140 still be active?
What are the cases or situations in which you can lose your I-140 or priority date (i.e., your approved I-140 is revoked)?
FAQ Transcript
When filing for the permanent labor certification (PERM) application, it is important to file from the corporate headquarters instead of a branch or sub-office, especially for consulting jobs or jobs that can be transferred to different locations. This is because the U.S Department of Labor considers the corporate headquarters to be the job site for transferable jobs. After the I-140 is approved, the priority date belongs to the individual even if the I-140 is withdrawn, unless it is revoked for fraud, misrepresentation, or an obvious error. Additionally, as long as the I-140 stays approved for 180 days, the individual has the right to extend their H-1B beyond six years with any employer, even if the I-140 is revoked. After 180 days, the employer can revoke the I-140, but it does not affect the individual.
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!