Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
Discussion Topics, Thursday, April 28, 2022:
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 Will USCIS approve porting or deny as I140(approved in 2013) was recently withdrawn before I485 reaches the 180 days mark?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?
You should talk to an employment lawyer.
Discussion Topics:
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?
1. No problem.
2. No problem.
3. No problem.
Do discuss your long-term plans with your lawyers.
1. I-140 didn't get approved but received a GC-EAD card approved for 2-years along with advance parole. Is it fine to travel to India for 2 months or for how long staying from the US is valid while on EAD?
2. I didn't need to worry about having a valid visa while returning to the USA, just advance parole will suffice for return?
3. Prior to getting GC-EAD I was on H4-EAD, due to family issues I may seek a divorce. Now that I have GC-EAD will divorce affect my current status or upcoming Green Card? or should I wait until the Green card is through?
4. I have been an Owner of an Inc company while on H-1 and H-4 and H-4 EAD, but I haven't taken any profits or pay-stubs, except for signing on Company Tax returns. Does this situation restrict me from getting a Green Card? or since I have already received GC-EAD under the EB3 category, should I stay positive that I will receive GC in the near future?
1. Sure. EAD allows you to work, but advanced parole allows you to come back.
2. The law is if you return to the same job that you were doing on H-1B even though you used your advance parole you are still considered to be on H-1B.
3. I am assuming that the green card was filed by you and not your wife so the divorce has no effect on you.
4. I do not see any obvious violation of the law. I am just suspicious of that time you were on H-4/H-1 and had your own company. The only time you are completely free is when you were on H-4 EAD.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I am an Indian national living in India now, working on H-1B from 2006-2011 for a small consulting company based in NY, US,. They have filed my EB2, I-140 and it got approved in 2009. I returned to India due to my personal situation in 2011. So I moved my case to Consular Processing in 2012. I got my date current during the last year 2021 and the Mumbai Embassy scheduled consular processing Interview was scheduled for last month. As soon as I received the interview call I found my sponsoring company in the US has their business. Hence, I have skipped my interview to avoid GC denial and retain the priority date.
1. They can both apply.
2. The answer is no you have to go through PERM I-140 again and you will keep the priority date from the old case.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
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
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.
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)?
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.
I wanted to take this opportunity to write about my experience with in regards to the interaction with Mr. Rajiv Khanna's Law firm. I consulted with Mr. Rajiv and explained my situation to him.
Scenario My case was complicated in nature , in the sense, that my attorney who applied for my GC was fired from my company and when priority date became current, I could not proceed without the I-140 Physical copy which was needed to fill out the various immigration forms. As a applicant caught in between an attorney and my company, I was basically left in the lurch and was told that without I-140 physical copy, I wont be able to apply for my I-485.
After waiting for 10 years in line, this was not what I wanted to hear.
Hence I got in touch with immigration.com and spoke to Mr. Rajiv. I want to say this, in the first 5 minutes of the conversation, I knew I can apply for the i485 with all the documents that I have and could request I-140 through FOIA. Mr. Rajiv talked to me in such a manner that I got my confidence back which I had lost with my own attorneys from my company.
I was told about the process and Mr Rajiv, explained to me how to deftly (Practically and Kindly) to handle the attorneys of the company to get what I wanted from them without ruffling feathers (AKA Ego's).
I made notes while have the consultation and I executed what I was advised.
The wealth of information and the confidence he gave me are the only reasons why I was able to handle the stress that I was going through that day.
All in All, It worked out and I got what I wanted.
For all of that, I am humbly grateful.
Om Sai Ram, Vijay