USCIS Updates Form I-140, Immigrant Petition for Alien Worker
USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
I was a student on F-1 (MS), and I got my H-1B two years ago. My company has started GC process and already got my I-140 approved. But I want to go back to school this fall (law school), which means I'll have to change my status back to F-1 again.
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.
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
To improve efficiency, USCIS recently rebalanced the workload distribution of certain Form I-140 petitions and employment-based Form I-485 applications between the Texas Service Center and the Nebraska Service Center. Unless you are submitting a Form I-907 together with a Form I-140 petition for a worksite in one of the states listed below, please continue to file your forms as indicated on the form instructions and at:
I have a question on EAD validity for the below scenario. <p>
H-1B holder got I140 with Employer A and applied EAD for H-4. H-4 is valid until MM-DD-YYYY 10-29-2018. Now H-1B holder moved to Another Employer B, then at this point he doesn't have Approved I-140. Will EAD which received using Employer A valid until MM-DD-YYYY 10-29-2018? I knew for renewal of current EAD after 10-29-2018, we need approved I-140, but not sure exiting EAD is valid until 10-29-2018 if H-1B holder moved to Employer B.
USCIS has said that revocation of I-140 does not automatically invalidate an approved H-4 EAD, but they reserve the right to revoke such an EAD.
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
Currently on my H-1B post 6-year based on approval of PERM and I 140 under EB - 2. Would be In the process of switching jobs for some personal / professional reasons very soon.<br>
1) What documents would I need to have with myself - corresponding to PERM and I-140 - so that I can retain my priority date and start another green card process with a potential new employer ?
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2) For the documents above - would I need to have the originals or the photocopies ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
1. I am on H-1B with my I-140 approved in EB-3 with priority date is Sep 2013. I have 12+ years experience in the field. I am getting an opportunity from a company. They are ready to start my green card process.
I have just completed my master degree(MCA) from India. Waiting for my degree certificate, which would take a month or two.
<br>2. Can my new employer do the H-1B transfer now based on my BSc degree (Computer Science) and once I get the master degree certificate, can they start the green card process in EB-2? Or do I need to wait for my master degree certificate before the H-1B transfer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I have been in the US for about 10 years with my wife and a daughter. All of us are Indian passport holder and got EAD/AP. Can you please let me know if we can adopt a child from India through Inter-Country adoption process?
If you are not a US citizen, you need to adopt the child and then to possess custody of the child for 2 years (as far as I remember). Then the child can come here on H-4 or a derivative green card.
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
1) Is there any difference between I-140 revoked by employer - vs - I-140 revoked by USCIS (say for fraud or misrepresentation) with respect to being able to retain the priority date with the new employer ?<br>
2) Changing from Employer A to Employer B - If Employer B files the PERM before I-140 by employer A is revoked by the employer A - would that help retain the PD corresponding I-140 to employer A ? In other words, are there any specific scenarios in this case - where the PD could be retained based on the first I-140 approval ?
FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.
Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.
I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/F0YZD8zWm88?t=333
FAQ Transcript:
Writ is simply order of the court or a formal order.
Rajiv and team was an excellent support and a great help for one of GC case.
Case: The applicant is working with company A and have I-140 under EB3. Applicant want to move to other company and want to port the priority date under EB2. Solution: Rajiv and team (Art) have created a customized plan to achieve this success. Rajiv was personally involved to make sure all the paper works are correct. Based on his 25 years experience and a novel team he could able to successfully port the new I-140 under EB2 with older priority date. Not only that, he also filed the I-485 along with new I-140. His fee for the whole process was very competitive. More over that, he and his team support in through out the process was unparalleled. He and his team was always answered the question asked without any delay. This is great service providing by your firm and making sure every case is managed under the immigration law of this country and open the path for more legal immigration like this applicant. Thanks!
Topics Discussed, Thursday, 3 December 2015:
FAQ: How to calculate dates from visa bulletin; FAQ: What is I-485 Preadjudicate/Preadjudication? How soon must I join my future green card employer? Immigration implications of crime; petty offense exception; admissions and convictions; 212(d)(3) and other waivers; Naturalization delays; Birth certificate late registration and secondary evidence; H-1 status pregnancy and FMLA;
Other: Conversion from H-1 to H-4 to H-1 visa stamping; Vaccinations requirements for immigration; Is there a charge for I-140 revocation; H-4 EAD issues including travel and visa stamping; F-1 OPT eligibility; Changing employers I-140, I-485, H-1 issues; Changing employers effect on priority date and H-4 EAD; F-1 status – distance of home from college; H-1 quota where earlier approved then came on F-1; H-1 telecommuting; H-1 quota and stay calculation, etc.
1) My wife is currently on H-1B. I am also on H-1B with approved I-140. My wife's employer is willing to Start GC process for her. I understand that GC is for future employment.<br>
My wife is willing to Move to H-4 EAD. Say my wife's employer initiated her GC process when she is on H-1. Once the perm is filed by wife's employer, will she be able to convert from H-1 to H-4 EAD. Does this has any affect on her ongoing GC process. Is it safe for some one to changes status from H-4 to H-1 and H-1 to H-4 in between PERM and I-140 process.<br>
2) My brother is on F-1 in OPT status. Can my brother's employer start GC process for him while he is on OPT. I have some knowledge of the complications involved in Starting GC process on F-1. The main reason behind this question is to reserve a spot for GC process. That way my brother can get a earliest priority date, his employer would start GC process 2 years down the road when he is on H-1B.
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What is the safe route for some one like my brother to get a earliest priority. Do they have to wait till H-1B to get in to GC process Queue
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I have my perm labor and I-140 approved through EMPLOYER A (Consulting Firm). Priority Date June 2013. If I am going to change Employer, EMPLOYER A is going to REVOKE MY I-140. I heard from your last conference call that i will be loosing my priority if I-140 is revoked by employer.I am close to 5th year of H-1. so cant take chances. If I move to FT position in the next 6 months and say my current employer revokes I-140. I will not be able to get extension for H-1 beyond 6 years.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Topics Discussed, Thursday, 17 December 2015:
FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;
Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
Discussion Topics, Thursday, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;
I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card
documents from USCIS without knowing my employer?
Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.
I am very much impressed with the professionalism of two of Mr Khanna's staffers. Shivane and Prerna were very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I would certainly recommend this firm to others. Keep up the good work.