Community Conference Call, June 10, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, June 10, 2021:
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Rajiv's Article - Can student visa holders apply for a Green Card?
Published by: The Economic Times - Date: June 30, 2021
Synopsis
A green card is considered to have been filed usually when an application for an immigrant visa (Form I-140) is filed with the USCIS. The majority of the green cards require preclearance from the US Department of Labor, referred to as labor certification or PERM petition.
For more on this article please see the attachment below.
Feb 4, 2021 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US
OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.
Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485
Question details
I am currently on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>
1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
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4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?
FAQ Transcript
Feb 18, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview