Guestbook Entry for Ravi Bhavanari, United States
Name
Ravi Bhavanari
Country
United States
State
Texas
Search
USCIS Updates Form I-140, Immigrant Petition for Alien Worker
USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
Recording of Free Community Conference Call (Every Other Thursday), 2016, May 19
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
Changing Back to F-1 Student Status After Filing for Green Card
Question details
I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.
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 Free Community Conference Call (Every Other Thursday), 03 December 2015
Immigration.com
Citizenship and Naturalization
Green Card
Substantial transcription for video
Topics Discussed, Thursday, 3 December 2015:
FAQ: How to calculate dates from visa bulletin; FAQ: What is I-485 Preadjudicate/Preadjudication? How soon must I join my future green card employer? Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers; Naturalization delays; Birth certificate late registration and secondary evidence; H-1 status pregnancy and FMLA;
Other: Conversion from H-1 to H-4 to H-1 visa stamping; Vaccinations requirements for immigration; Is there a charge for I-140 revocation; H-4 EAD issues including travel and visa stamping; F-1 OPT eligibility; Changing employers I-140, I-485, H-1 issues; Changing employers effect on priority date and H-4 EAD; F-1 status – distance of home from college; H-1 quota where earlier approved then came on F-1; H-1 telecommuting; H-1 quota and stay calculation, etc.
Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status
Question details
1) My wife is currently on H-1B. I am also on H-1B with approved I-140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment.<br>
My wife is willing to Move to H-4 EAD. Say my wife's employer initiated her GC process when she is on H-1. Once the perm is filed by wife's employer, will she be able to convert from H-1 to H-4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H-4 to H-1 and H-1 to H-4 in between PERM and I-140 process.<br>
2) My brother is on F-1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC process on F-1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H-1B.
<br>
What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H-1B to get in to GC process Queue
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
No loss of priority date if employer revokes I-140; Green card through future employer
Question details
I have my perm labor and I-140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY I-140. I heard from your last conference call that i will be loosing my priority if I-140 is revoked by employer.I am close to 5th year of H-1. so cant take chances. If I move to FT position in the next 6 months and say my current employer revokes I-140. I will not be able to get extension for H-1 beyond 6 years.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Recording of Free Community Conference Call (Every Other Thursday), 17 December 2015
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics Discussed, Thursday, 17 December 2015:
FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;
Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.
The Proposed I-140 EAD Rule - Continually Updated
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
Recording of Free Community Conference Call (Every Other Thursday), 2016, May 05
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Changing Jobs After I-140 Approval
Question details
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
FAQ Transcript
Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.
Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.
Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved.
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.
Difference between I-140 withdrawn and revoked
Question details
I saw some online forums stating that if I-140 withdrawn you can retain your PD date. Is it true under current circumstances? What is difference between I-140 Withdraw vs I-140 Revoke? If both are not the same, in which cases employers to for withdraw.
FAQ Transcript
A revocation means that an I-140 was initially approved and then subsequently canceled. Therefore, a revocation implies there was an initial approval. If a case has never been approved, it cannot be revoked; it can only be withdrawn or denied.
For example, let's consider a scenario: I, as your employer, file your I-140 application, and if USCIS informs us that they are denying the case due to certain problems, this constitutes a denial. This is a clear and understandable situation. However, if I, as your employer, submit a cancellation request before the case is approved, that is referred to as a withdrawal. On the other hand, if the case is already approved, and I decide to inform USCIS that I wish to cancel it, this is categorized as a revocation.
Another circumstance that leads to revocation is when USCIS has initially approved a case but later issues a notice of intent to revoke the approval. Additionally, if they discover any fraud, this is a grave matter that should not be overlooked, as it carries criminal implications and can result in a permanent bar for the employee from entering the US.
In summary, when a case is approved and subsequently canceled, whether by the employer or the government, it is considered a revocation. However, if the case is still pending, the only options are withdrawal or denial.
Excellent Work!!! Rajiv Khanna, Art Shifflett , and the Team provided outstanding support, near perfection to get the work done. Rajiv and Art, thank you very much for the support provided by you for my GC LC and I140, that 's a tremendous work by you to answer all the Audits / Supervised Audits. It's impressive work from you. Its nice working with you.
Regards,
Ravi Bhavanari