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FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485

Read more about Recording for March 14, 2024 Conference Call with Rajiv S. Khanna

Reminder: Certain Updated Forms Take Effect on April 1 with No Grace Period

1 year ago By Chief Editor

Release Date

03/01/2024

With the new fee rule that goes into effect April 1, 2024, you must use the new 04/01/24 editions of the following forms:

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Guestbook Entry for Adriana Cavalier, United States

19 years ago By Chief Editor

Name

Adriana Cavalier

Country

United States

State

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Guestbook Entry for Sundar, United States

19 years ago By Chief Editor

Name

Sundar

Country

United States

State

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USCIS Updates Filing Location of Concurrent I-140/I-485 Applications

14 years ago By Editor

USCIS confirmed that all I-140 petitions filed concurrently with an I-485 application for adjustment of status are to be filed with the Dallas Lockbox, unless the I-140 is accompanied by a request for premium processing, Form I-907. Concurrently filed applications that include a Form I-907 attached to the I-140 should be filed with the NSC or TSC, depending on the location of the petitioner.

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SCOPS Update – 07-13-2011

14 years ago By Chief Editor

Filing location for concurrently-filed I-140/I-485 petitions

Unless there is an accompanying I-907 all I-140/485 concurrent filings must be filed at the lockbox addresses. Depending on the jurisdiction the filing must be sent directly to TSC or NSC.

Employers who are cap-exempt under INA § 214(g)(5)(A) or (g)(5)(B) filing H-1B petitions

Read more about SCOPS Update – 07-13-2011

NSC Updates – 07/20/2011

14 years ago By Chief Editor

Correcting a mistake on the Form I-140

NSC would allow for a change of the I-140 classification to correct a clerical error as long as NSC is notified of the requested change to the box selected on the I-140. This has to be done before the case is adjudicated. However, NSC will not allow a change in the classification in response to an RFE but the issue will be considered.

EB3 skilled worker

Read more about NSC Updates – 07/20/2011

Recording for September 05, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics for Discussion:

Can I use my USCIS case status approval page to extend my H1B visa beyond six years, or are there other ways to obtain my I-140 approval document? || H4 transfer, H4 EAD renewal, automatic extension of EAD || J-1 waiver and H-1B, what are my visa options? || H-1B transfer and PERM based GC || F1 CPT and change of status to H-4 visa || Travel on H-1B Visa || EB-2 and I-140 approval || Eligible to apply for citizenship? || Parallel COS application timeline from H-1 to F2 Visa || H-1B transfer to new employer || H-4 and EAD, automatic EAD extension

Read more about Recording for September 05, 2024 Conference Call with Rajiv S. Khanna

Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers

1 year ago By Chief Editor

Release Date

09/23/2024

Be sure to provide the correct payment and complete information when filing Form I-140, Immigrant Petition for Alien Workers. Since publishing both a new edition of this form and a new fee rule in April 2024, USCIS has had to reject an unusually high number of Form I-140 petitions at intake because of incorrect fees and missing information.

Read more about Guidance on Paying Fees and Completing Information for Form I-140, Immigrant Petition for Alien Workers

Recording for September 26, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics Discussed:
FAQs: EB-2 NIW I-140 portability for employer-sponsored cases || Concerns regarding nonpayment of wages and potential H-1B impact || Maintaining LPR status (Green Card) during extended absences for employment || Rising NIW rejection rates: Examining changes in eligibility criteria

Read more about Recording for September 26, 2024 Conference Call with Rajiv S. Khanna

Recording for October 10, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Topics Discussed:

Read more about Recording for October 10, 2024 Conference Call with Rajiv S. Khanna

I-140, Education Foreign Degree Equivalence

13 years ago By Chief Editor

The applicant completed a three-year Diploma in Computer Engineering from an accredited institution in India (Government Polytechnic Mumbai). The applicant was then directly admitted to the second year Bachelor of Engineering (B.E) program at an advanced level and completed the four-year degree B.E. program.

We provided several items of evidence that indicated that the applicant had attained the foreign equivalent of a four-year Bachelor of Science degree in Computer Engineering from an accredited U.S. college or university.

The I-140 was approved.

Profession/Occupation

Engineers

Green Card

Form I-140

Read more about I-140, Education Foreign Degree Equivalence

EB-2 NIW I-140 portability for employer-sponsored cases

1 year ago By Chief Editor

Question details

My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?

FAQ Transcript

The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.

Read more about EB-2 NIW I-140 portability for employer-sponsored cases

Recording for October 24, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

Read more about Recording for October 24, 2024 Conference Call with Rajiv S. Khanna

GC approval before AC21 Supplement J could be filed

1 year ago By Chief Editor

Question details

My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?

FAQ Transcript

To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.