Topics of Discussion: Oct 11, 2018
Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee
1. I have employment based green card and is expiring on 03/12/22.I am not employed now. Do I need to be on job at the time of renewal.
2. Can I renew my card or apply for citizenship which is better or do both. Can job be any kind (can be non-related job) or same job.
3. How long one can stay out of country, heard it is not more than 1 year. If I could not return to US and my GC expires, does it treated as abandoned.(it is expiring in a year)
1. No.
2. You can actually do both.
3. The basic idea is if you leave the United States for less than six months at one go usually you are okay, you are not questioned too closely, but more than six months they question you very closely because of certain technical reasons.
At one year outside you lose your green card automatically unless you have something like a re-entry permit. If on the other hand, you are a U.S citizen there is no requirement that you have to stay in the United States. You can stay anywhere in the world, never have to come back again and you would still be a U.S citizen.
Note: Where transcribed from audio/video, 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.
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
Video Transcript
The answer is Yes. The main thing is priority dates for EB-2 and EB-1 can be ported and there is no particular format for this. This is supposed to be automatic. The government is supposed to keep a track of that. More...
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.
It has been a long and anxious path to a GC application lasting a little over ten years but I would like to thank Rajivji and especially Art and Mark who have helped by providing step by step support through the entire process, including multiple H1B renewals and EAD renewals. Thank you for being a helpful and knowledgeable team.