In a recent meeting, USDOL has stated:
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Thanks in advance for your help. My current situation is this :
1. Applied for I140 and received RFE
2. RFE requires Employer's 2007 tax document and my recent W2
3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008.
4. This is my 6th year in H1 B and it expires in October,2009
My questions are:
1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor?
2. If Labor is approved, can I file my I140 premium and apply for 7th year extension?
3. How long will it take to cancel the current I140?
Please help me out regarding this situation.
Thanks and awaiting for your valuable suggestions.
You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.
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If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?
Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.
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I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
I have recently gotten engaged to a green card holder. We are making plans for our wedding, very likely to happen this year. However, the following questions arose:
1. Does the fact that I already hold another Master and a Ph.D. degrees accelerate my green card application? I understand that the backlog is of 5-6 years, but I wonder if my advanced education will assist my application.
2. My H-1B application last year was approved, but I did not use the visa, as I decided to go back to school for (yet!) another degree. Will the approval of the H-1B be looked at favorably, unfavorably, or will it not make a difference?
3. I am currently an F-1 holder. If I marry my fiance' this year, may I simply maintain my Visa independent of his? I am eligible to an OPT after I graduate (to happen this year or in mid-2010) and I am certain I will be able to obtain an H-1B afterwards. Therefore, I do not depend on my fiance' to keep a legal status in the country. Is it legal (or advisable) to keep my Immigration records separate from his?
4. How about when we file for taxes, after the wedding happens? May we file separately, or do we need to declare we are married?
1. Advanced degrees do not help in a family-based green card.
Dear Mr.Khanna, I have reading all your post and found you quite informative. I will appreciate if you can let me know the possible consequences of my case.
I was in restaurant in Gaithersburg MD on Jan 29 2008 with my boss who was visiting from Atlanta. I had a beer and 2 glasses of wine with dinner came out sat in the car and started backing up. As you know it was winter and had rained earlier the windscreen at the back got fogged out. While backing up I hit a car parked. Police was in that parking lot and arrested for drunk driving. I blew .09. I was given a bunch of tickets after being 30 minutes in the precinct and was released. In the court they dismissed 2 tickets like DUI and DUI par se and convicted me DWI and Failure to control Speed to Avoid Collision. BTW DWI in MD is a lesser offence when you blow less than the state .08 BAC typically .07. And Failure to control speed to avoid collision which is maximum fine $130.00.Now the Judge gave me Supervised Probation till I finish my MADD Class. After that the Probation goes to Unsupervised for 12 Months. Now I am elligible to file citizenship. I have finished 5 years of LPR time with minimal travel aborad.
Now my questions are :
1.) Will I get deported or removed.
2.) Will I have problems while entering POE while travelling from overseas.
3.) Will my Citizenship be denied if I file after my probation gets over.
Please share your knowledge It will immensly help my stress. This one mistake of my life has really taken a toll in my life.
Your earliest reply will highly appreciated.
Let us look at the law for green cards and removal (deportation) first.
Remember the following GENERAL elements of the law (there is more to it).
I obtained my green card 4 1/2 years ago through employment. My former employer sponsored me h-1 visa for 6 years and labor certificate and green card as well.
Unfortunately, I was terminated by the employer last year, which ended my 10 years career at the company. After the termination, I then filed workers compensation claim for the injuries at work, and civil lawsuit for discrimations and under-paid wages through lawyers. The two cases are pending at courts.
Now I have a part time job which is not related to the job that helped me get the green card.
It is almost time for me to apply for citizenship. However I am worried about how much the two cases would affect the application. I will be asked in the citizenship interview why I left the green card sponsor, why you were terminated and so on, so forth.
Please help advise if my worries are correct ?
Is it better to apply for citizenship when the problems above are ended in courts ?
Thank you very much for your help.
I see no reason to worry here. Neither the civil cases nor the fact that you have left and taken a PT job should have any bearing on your naturalization.
If a new start-up IT consulting company wants to transfer H1 of a prospective employee who is already on H1 and working for his current H1 sponsor, what are the issues and feasibility for such a transfer?
How can such a start-up IT consulting company go about hiring AC21 eligible folks on EAD? May this is the safest route in the beginning until the company gets more employees and grows revenue?
Will the AOS of the prospective employee be safe if he is the only employee of this company in the beginning. Of course the company wants to expand in the future but has to start somewhere.
H-1 by Start-up Companies
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Both me & my wife have EAD and have our full time job. My question is , it is possible for us to start a new LLC ??
I got laid off from work from my present employer on October 31, 2008 and I have 3 questions.
Presently, my employer has sponsored both my H1B (completed initial period of 6 years) and Green Card (EB-2, with priority date 2006). I have filled my I-485 in July 2007 and is currently pending. My I-140 has been approved 2 years ago and my employer promised that he will not revoke it. I have approved EAD & AP both for the primary and dependent.
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I would like to be on my H1B even with the new employer. To my knowledge we should file a new H1B within a month but due to the market situation if I have to get on to EAD then can I get back to H1B? If yes then with in how many days should I apply for H1B?
Taking Promotion in future The current PERM filing is going to be done for the position "Dentist". In the future can she accept a promotion as "Dentist (Lead)" if offered by the company? Will it invalidate the green card application.
If we accept the promotion in future can we use the same PERM application without filing another PERM for "Dentist (Lead)" job (jobs are very similar) . She is now a "Dentist(Associate)" and job duties between associate dentist and lead dentist are 70% the same. The lead dentist will have additional duties like oversee day-to-day operations/Supervision.
Quote: Can I receive a promotion, extraordinary increase in salary or change in job location during the pendency of a labor certification based green card?
Qo. I plan to be on EAD after my 6th year of H1-B expires on September 23, 2008. If I decide to be back on H1-B then is there any time limit within we have to file for H1B extension after its expiration on September 23, 2008 while I am working on EAD?
Ans. Generally speaking there is no time limit as long as you are entitled to the extension.
Qo. For example, will we have to file within 6 months or 1 year after September 23, 2008 while I-185 is still pending?
After a long-term relationship, earlier this year I married a U.S. citizen. I do not want to change my immigration status and do not wish to immigrate nor reside permanently in the United States since we both have steady jobs outside the U.S. and I do not want to leave my country. All I want is to be able to travel temporarily into the U.S. for pleasure and leisure as most tourists do, once or twice a year for a couple of weeks each time.
I want to know if I can just apply for a new B-1/B-2 tourist visa to travel into the U.S. or if my husband needs to file an I-130 petition for alien relative and I-129 and K visa thereafter instead –which I understand would be the right process if I ever wanted to adjust status or become a U.S. permanent resident.
This is upto the discretion of the consulate and then again upto CBP when you land in USA. Consulates have the discretion to issue you a B visa - despite your presumed immigrant intent - if they are convinced that you will return. This is true for all cases where a B (or F or similar) visa is sought while GC is pending or could be pending.
Filed I-130 and I-485 oct 29/07,went for interview feb/08 and have not heard anything from immigration.Is this normal for USCIS.When I did infopass was told that case is under supervisory review,what does this mean.
Pretty much anything can be within the context of a case. Supervisory review means just that - a review by a senior level adjudicator. Usually, that means there is some unusual procedural or legal issue involved. The good news is that, means your case is being reviewed, the bad, we don't know for what. You can try to go through a Congressman's office to find out more if you like.
My brother got US Citizenship this month. I would like to apply Green Card using my brother's citizenship.Is it possible ? How long it will take . Now I am holding H1B.
This is usually not a feasible option. To see how long it would take, look at the Visa Bulletin:
http://www.immigration.com/newsletter/vbarchive.html
You will note that it will take more than a decade to get a green card through family-based category 4. You are not permitted to stay in the USA just because this application is pending.
Q1. Can a legal permanent resident(LPR) change career after say one year from his AOS approval to an entirely different field from the one for which his labor and his AOS was approved? Will this raise any red flags at the time of citizenship?
Q2. In other words, after receiving green card on the basis of say job in computer industry, when can one change his/her profession to an entirely different field (let say opening up a restaurant or go into real estate on full time basis) without jeopardizing the citizenship? Would waiting for one year(or some other amount of time?) after AOS approval be good enough to satisfy the "intent to work for in the field noted in labor application on a permanent basis"?
Q3. Is the person after receiving green card on the basis of employment in certain field stuck in that field for ever?
Q4. What are you thoughts in general about this scenario and how should one go about it?
A1. I see no problem with this nor do I see any red flags.
A2. Sure. Why not. Permanent does not mean forever.
A3. Not at all.
A4. Nothing else I can think of.
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity.
My employer is threatening to withdraw GC files processing unless I work with them till I get my GC.
Qo1. Is that possible for them to withdraw like that?
Qo2. Does that affect my GC process in negative way?
Qo3. What I have to do in case they withdraw?
Qo4. Is it possible to re-start the whole GC process again in case?
Qo5. By the time I file AC 21, if the present employer withdraws the GC files, what happens to my case?
Qo6. How do we know whether they have withdrawn GC process or not?
Ans1. They can withdraw the 140. That is their petition, but they cannot withdraw the I-485. That is your petition. If they withdraw the I-140 you can still take recourse to AC21 and not suffer any negative consequences.
Ans2. If you are covered by AC21, you should be fine.
Ans3. File AC21 letter as soon as possible.
Ans4. Sure .
Ans5. See this link: http://www.immigrationportal.com/blog.php?b=25
Q1. How soon can I leave my petitioning employer once I get my green card approval?
Q2. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
Q3. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?
A1. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits.
Discussion Topics, Thursday, October 3, 2019
FAQ: When should we file Supplement J for AC21 || Changing employers after 180 days of I-140 approval || Filing an I-485 for a junior position when already promoted || Expediting H-4 EAD || Is there a correlation between processing times and priority dates? || Traveling while H-4 EAD extension is pending.
OTHER: 60 days grace period between H-1B petitions || Options for alleged OPT/CPT violations || Requiring pay stubs from a retired Veteran || Changing employers after 180 days of I-140 approval || Is there a deadline for filing I-485 after PD is current || Financial issues in sponsorship || Public charge rule || Refiling N-400 || Applying for H-1B extension while outside the USA || H-1B/EAD options || EB-1A changing jobs/multiple categories green cards pending || Indian OCI cards, etc.
I am currently on H1B visa (3rd year) and a few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B
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.
I am currently on H1B visa(3rd year) and few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
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.
FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.