I am currently working with employer A on H-1B visa with I-140 approved for over 180 days. My wife is on F-1 EAD. I am planning to move her visa status from F-1 to H-4 EAD AFTER I join Employer B next month based on my approved I-140 from my employer A. <br>
My questions are:<br>
1. Once I join employer B, will I be able to apply for my wife's H4 EAD based on approved I140 which I have from employer A? Can I apply both visa status change (F1 to H4) and application for H4 EAD concurrently?<br>
2. In other words, will changing my employer impact my wife's eligibility to get H-4 EAD based on my approved I-140 from previous employer?<br>
3. Can I change multiple employer based on I-140 approved from employer A? If yes, what if employer B has already started green card process (PERM)?<br>
4. If I get I-140 approved from employer B also then what will happen to I-140 approved with employer A?
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.
PERM Processing Times (as of 08/31/2018)
As of September 4, 2018, USCIS transferred some of the following cases from the Vermont Service Center to the Potomac Service Center and the Nebraska Service Center:
On Sep. 10, USCIS changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the California and Vermont service centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices.
Number 22
Volume X
Sept 13 Conference Call, Topics of Discussion
Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018
On Sept. 6, 2018, the CIS Ombudsman (CISOMB)1 held a stakeholder teleconference to discuss the USCIS “Issuance of Certain RFEs and NOIDs” policy memorandum (PM) that was issued on July 13, 2018. USCIS representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB. The updated policy went into effect on September 11, 2018. Below is the link of the summary of the PM and the advance questions and answers from the teleconference.
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the agency will celebrate Constitution Day and Citizenship Day, observed on Sept. 17, with over 260 naturalization ceremonies across the country from Sept. 14 to 23 as part of this year’s celebration of Constitution Week.
USCIS is sending text and email messages between Sept. 17 and Sept. 20, 2018, about filing Form I-90, Application to Replace Permanent Resident Card online. If you are a lawful permanent resident and your Green Card has expired or is about to expire, or if you need to replace it for another reason, you may file Form I-90 online.
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
2. Why is an adjustment of status I-539 needed? What status is being adjusted (H-4 to H-4?)? I get the other form for application of EAD. What if someone is on F-1? Could they file I-539 (To go from F-1 to H-1?) and I-765 concurrently?
3. I am currently on OPT ( from F-1- visa) and it ends in Dec. My husband on H-1B and I-140 to be approved 2009 PD in "ABC" company and he moved "XYZ" company .The XYZ company process my new I-140
Do we have any clarity on the F-1/OPT to H-4 EAD process? Should I move to H-4 and then apply for EAD ?
4. I know there is no clear picture that there will be a change in law for all candidates with I-140 approved can register for I-485, so that they can get EAD/AP. If that really happens, there is no use of this H-4 EAD regulation anymore it is just obsolete, any person with approved I-140 can apply for I-485. The H-4 EAD process took one calendar year from starting to beginning for approval which will become a waste of process, effort, wait time, expenses for the Government. If it really happens, it is a miracle or my guess is they might keep a condition that the person should be waiting at least 3-4-5 years with a approved I-140.
My question is it that easy task for USCIS/GOVT/EO just amend the process for I-485 pre registering ?
5. Can H-4 EAD can do business ?
6. I am in USA on H1B and running my 5th year. but recently I have got H1 extension from USCIS to 7th year. (This is because my labor is pending with DOL now for more than 1 year). So based on these conditions, is my spouse eligible for EAD?. Can your firm help me in filing the EAD for my spouse?
7. a. After the H-4 EAD, if the candidate is not willing to work or doesn't have a job and visited India, does she have to go for visa stamping while coming back?
b. Can she enter on approval EAD (without working) if she doesn't have H-4 visa stamped?
8. 1. I am planning to apply for H-4 EAD for my wife, what happens to her EAD if I change my current employer maintaining my H-1B status?
2. My wife has found a job which can apply for her H-1B, can we file for her H-4 EAD before actually knowing if her application is selected in lottery process? (In short have both H1B application and EAD application open at same time)
9. I am on H-1 B and my husband on H-4 working in India. Can I apply H-4 EAD while he is in India or he has to come here before applying?
10. a. If my H-1B petition is not selected in lottery, I will apply for H-4 COS and EAD simultaneously. Is it advisable to apply for H-4 COS/EAD on my own or through my wife's employer?
b. While my H-4 COS/EAD petitions are under USCIS’ review, can my ongoing STEM extended OPT EAD be further extended (under cap-gap extension policy or similar) to allow me continue working after 9-June-2015 (the day my OPT EAD expires) till I receive the decision on H-4 work authorization petition?
c. If YES, how long is this ‘grace period’ for OPT cap-gap extension?
- If NOT, will I be considered out of status (and have to leave USA) during the time period between the day my OPT EAD expires and H-4 EAD is approved/effective (assuming a positive outcome)?
1. Is there any time frame within which H-4 should have job offer after getting H-4 EAD?
Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit
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I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting my Green Card.
USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests that there may be a delay or damage to the package, the petitioner may file a second H-1B petition with a new fee payment and the following:
U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
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This bulletin summarizes the availability of immigrant numbers during May.
Mr Khanna provided great advice regarding my petition as it was complicated. We had to apply for an amendment while current H1B extension was pending. Mr Khanna made all the right arguments and we were able to get an approval. All along the process I've been working with Kalpana and Bharathi on regular basis and had calls scheduled with Mr Khanna when needed. They were very detailed and current in terms of documentation.
I would like to thank them once again and highly recommend "Law Office of Rajiv S. Khanna".