Guestbook Entry for SK, United States
Name
SK
Country
United States
State
Virginia
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Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
Question details
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.<br>
1: Is there a website where we can check the status of labor if it has been approved?<br>
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?<br>
3: Can my GC application continue whilst being on H-4 visa? <br>
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?<br>
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
FAQ Transcript
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.
Recording of Community Conference (Every Other Thursday) 2015, April 16
Immigration Law
Substantial transcription for video
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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How soon can I change employers after getting green card?
Question details
I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?
FAQ Transcript
FAQ Transcript:
Green card which is employment based does not require you to enter into slavery. It requires only this. On the date your green card was approved it was your intention to work at your job indefinitely, not permanently. So if I got my approval today and today I continue working indefinitely for the next few days or years but a week later I got a better job can I leave and the answer is yes. I think you can. But let’s say I already have an offer at hand and I got my green card and I want to go and would that be considered indefinite. Probably not. The government can take an objection but even there if the job was same or similar to what the green card job was I think a good argument can be made under AC21 portability. Currently the law requires only to have indefinite intention but on the date you got your green card. However once the green c ard is approved and if your intention changes, then I do not see any problem with it.
It’s a pleasure and an honor to recommend Mr. Rajiv Khanna and his Law Offices. I am writing to express my deep gratitude for RajivJi’s guidance over the past 1.5 years starting with PERM audit, supervised recruitment and through I-140 RFE and right to the I-140 approval. In all the conversations with him, he has always given me honest, straightforward assessments, and creative suggestions, which in turn gave me immense confidence even when situations looked gloomy. He backed this case right from day 1, possibly more than how much I backed myself on it.
I strongly believe, RajivJi’s intellectual brilliance and creativity coupled with his decisiveness at various critical junctures through the tough phases were the most significant keys to success in my case. I have firm conviction, that RajivJi’s immigration law expertise is second to none in the country.
I tip my hat to you!
Over the last 5 years, I worked closely with his some of his folks. This is a big shout out to VijayJi, Bharathi, Kunal, Suman and Kalpana.
Vijay Ji, I can’t thank you enough for zillions of hours you spent on going through and organizing all the hundreds of resumes received through supervised recruitment. Vijay Ji, you went over and beyond. I specifically remember, when you went to USPS at 8:30PM to send the package on time! Thank you very much.
Kunal, I greatly appreciate your thoroughness and the meticulous planning of I-140 RFE response. In all my interactions with you, you made me feel confident by answering all my questions and spending time with me discussing nitty-grittys of the content.
Bharathi, Thank you so much for pulling things together for multiple RFEs and answering my numerous phone calls and emails patiently.
When I met all of them at their Arlington office, the one thing that struck most to me is that they put a human face to my case and made me feel like a part of their amazing family. Gestures like that is what separates this bunch from any other.
Kudos to you all!
Warm Regards,
SK