Recording for February 29, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Discussion Topics:
Search
EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role
Question details
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
FAQ Transcript
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
Trump Administration - What to expect | Immigration updates - H1B Visa, OPT, Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Starting A US company on OPT | Latest Immigration Updates - H-1B | OPT | Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Talent Visas Under Trump - EB-1A | O-1A | NIW/H-1B QnA, Feb 5, 2025
Nonimmigrant Visas
Immigration Law
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
Laid off on EAD from EB1A, can I start an UNRELATED teaching business? Can I travel on Advance Parole?
Question details
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
FAQ Transcript
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
Question details
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
FAQ Transcript
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
FAQ Transcript
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.