Search

Dec 12, 2019 Recording of Free Community Conference Call (Every Other Thursday)

5 years ago By Chief Editor

Immigration.com

Community Conference Call

Citizenship and Naturalization

Naturalization

Nonimmigrant Visas

Green Card

Substantial transcription for video

Discussion Topics, Thursday, December 12, 2019

FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||

OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.

Change in green card job responsibilities and/or job title during the process

5 years ago By Chief Editor

Question details

I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
 
· Generally someone with industry knowledge and/or software knowledge
 
· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
 
My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
 
· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
 
My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
 
I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
 
I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?

Watch th

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.

Read more about Change in green card job responsibilities and/or job title during the process

AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days

1 year ago By Chief Editor

Question details

Currently working with Employer B since 2020.
Employer A - 140 Approved in 2013. EB2 category.
Employer A - Provided form 485J in Aug and I applied for I485 in Aug. My dates retrogressed to Oct 2011 now.
Employer A - Desi consulting company, we couldn't find a project for me to join them and they withdrew I-140 in Jan. At the time of the I140 withdrawal I485 was at 150 days timeline. Now that 180 days have passed since I485 was filed in Aug, can I provide 485J with my current employer to port the I485 application? Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark? Is there any way to appeal the withdrawal of I140 as beneficiary with pending AOS or ex-employer can withdraw without any issue? Are there any laws to safeguard the beneficiary when dealing with abusive and mean desi consulting companies?

FAQ Transcript

You should talk to an employment lawyer.

Read more about AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days

Recording for April 06, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Discussion Topics:

What to do if one is in India during the PERM and I-140 approval process

1 year ago By Chief Editor

Question details

I'm on H-1B with employer A and am currently in the PERM process(recruitment done). I'm in India right now and would like to know what happens if:
1) PERM approved and i140 filed; (while I'm in India)
2) Receive PERM audit; (while I'm in India)
3) I-140 approved and Post I-140 approval; (while I'm in India)
Do I need to return to the US in any of the above scenarios? Any worst-case scenarios I should keep in mind?

FAQ Transcript

1. No problem.
2. No problem.
3. No problem.
Do discuss your long-term plans with your lawyers.

Read more about What to do if one is in India during the PERM and I-140 approval process

Recording for April 20, 2023 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident

Guestbook Entry for Misha Kumar , United States

1 year ago By Chief Editor

Name

Misha Kumar

Country

United States

State

Virginia

Comment

Both Rajiv and Diane provided me with excellent guidance and support in my green card application. They answered all the questions in detail and also motivated me to move forward with my application. Diane personally took my calls many times to answer many questions that I had during the process. Right guidance from their team helped me get my I-140 approved in EB1 category. I would definitely recommend their firm to anyone seeking help for immigration.

Impact of job changes on pending I-140 and/or PERM applications for H-1B holder

1 year ago By Chief Editor

Question details

If your company files a new PERM for a different role within the same organization after your initial I-140 is approved, will the initial I-140 still be active?

If your employer revokes your initial I-140 more than 6 months after it is approved and you move to a new role within the same company, is there any risk involved?

Will every organization need to apply for a PERM again in the future if you switch employers? Can you work for an organization that is not ready to start your PERM process, and can you use your previous approved I-140 to extend your H1B for a new employer?

If you lose your job post I-140 approval and don't find a new job within 60 days, can you still apply for jobs while outside the United States? Will your last approved I-140 still be active?

What are the cases or situations in which you can lose your I-140 or priority date (i.e., your approved I-140 is revoked)?

FAQ Transcript

When filing for the permanent labor certification (PERM) application, it is important to file from the corporate headquarters instead of a branch or sub-office, especially for consulting jobs or jobs that can be transferred to different locations. This is because the U.S Department of Labor considers the corporate headquarters to be the job site for transferable jobs. After the I-140 is approved, the priority date belongs to the individual even if the I-140 is withdrawn, unless it is revoked for fraud, misrepresentation, or an obvious error. Additionally, as long as the I-140 stays approved for 180 days, the individual has the right to extend their H-1B beyond six years with any employer, even if the I-140 is revoked. After 180 days, the employer can revoke the I-140, but it does not affect the individual.

Read more about Impact of job changes on pending I-140 and/or PERM applications for H-1B holder