I am US citizen and planning to sponsor green card for my sibling. My sibling has already visited US in B-1/B-2 visa few times and holds that visa for another few years.
I know that this kind of application takes 10+ years to approve. From this context in mind, I have few questions -<br>
1) Can my sibling enter United States on the same B-1/B-2 visa after I apply immigration application?<br>
2) Can my sibling apply for renewal or new B-1/B-2/H-1 visa while application is being processed?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=782
FAQ Transcription
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
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.
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
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FAQs: Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140 || Remote work for a U.S. startup: Starting off on managerial duties from India before L-1 visa filing
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FAQs: - Green card processing, F-1 visa, and H-1B transition: Travel and work considerations - Difference between H-1B consular processing and change of status
I am on an F1 visa, and My spouse is on a Green Card. My Green Card through my spouse is under processing(I-130 under Review). I am graduating in March 2024. My questions are as follows:
At what stage in my Green Card Processing can I start traveling outside the USA?
Let us consider my GC is still under processing by the time I graduate and enter the job market:
A)Can my employer file an H1 while my Green Card is under processing?
B)Given my H1 got picked, will there be any issue for me to travel to India to get my H1 stamped?
If your green card application is family-based, such as through your spouse, and you have student status, it could potentially become a problem if you travel. In your case, I would suggest traveling only after you obtain either an H-1B visa stamping or Advanced Parole.
A. Certainly, there is absolutely no problem with that; a green card can be in process, and an H-1B can be filed.
B. No. The pending green card application should not hamper or impede the grant of an H-1B visa because the H-1B is a dual intent visa.
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!