Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
Currently My I-485 is pending and I-140 is approved last Year (2009) january My PD 05/29/2007. I am working using my EAD and change my job last year I don't have my H1B. I filed my I-485 as single, but I will get married to my Girlfriend (Germany). She come here Last November with waiver visa (stay up 90days),
Now she is thinking to come back using F1 visa a students instead re-entry using waiver visa which she can't change her status anyway). If I get married, can I put her name under my petition (file I-485 for her) ? and apply EAD also with her Travel documents ?
If your priority date is current, you can file her AOS as long as she is legally in the US. I just have an issue with using F-1 visa to accomplish this purpose. Please consult with a lawyer about the details.
Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
I had a domestic violence charge that got dismissed in pre-trial.
Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.
And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.
I've a few questions around this:
1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?
2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?
3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.
When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?
I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. More...
Note: Where transcribed from audio/video, 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, July 22, 2021:
1. On 5th year of H1. Single employer till date from day one of H1. Same employer has sponsored GC applications, I-140 approved, I-485 filed in Aug-07, EAD and AP approved and successfully renewed. What is the real value of CIS issuing EADs to people like me? Does this allow me in addition to the current job I have, take up ‘any’ other job using EAD? Does having an EAD permit me to work multiple jobs?
2. Does having an EAD permit me to work multiple jobs?
3. If due to economic situation my employer (who has sponsored GC) has to lay off people and I am let go am I out of status? Reading through your blogs I understand that since I-485 is pending, one is NOT out of status even if NOT working – is this correct?
4. How long can one stay without working (no job) while I-485 is pending? Will not working be seen as ‘abandoning the GC application’?
5. Do we have to let CIS know that one has been laid off? If we have to do this wouldn’t CIS see that the job for which GC is being processed is no longer available and immediately terminate the I-485 application?
6. Do I lose EAD and AP?
7. My wife is working using her EAD…will she lose her EAD?
8. Is it possible to invoke EAD and take up similar job if one can be found? Is there a time period within which this has to be done?
9. Is it possible to invoke EAD and take up ‘any’ job if a ‘similar’ job is unavailable? If this route is chosen I understand that Labor Certification & I-140 may have to be re-applied, but would the priority date remain where it was originally (as obtained in original GC application) OR would priority date change to the date when new I-140 is filed?
1A. Yes.
2A. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).
3A. Correct. You are in authorized period of stay. That has been explained in my blog.
4A. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).
My wife and I am on EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.
If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.
Topics:
My I-140 was approved in Oct 2009 under EB1-b category. Now for filing I-485 we I had obtained my birth certificate (for the first time) in 2009. My lawyer is saying that will not do, instead I should obtain a non-availability certificate for my birth and provide three affidavits about my birth date and place from my relatives who are at least 10 years older than me. This sounds bizarre to me, as the birth certificate that was issued to me should be seen as a valid document and perhaps better than a non-availability certificate.
As far as I can think, what your lawyers say makes sense only if your birth was not registered when you were born. If the registration was done recently, I would agree with your lawyers, otherwise not.
1 Green Card through PERM, Step 1 - The PERM process
1.1 Preliminary points
1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
1.1.2 Involves testing the labor market for a defined job
1.1.3 Green card is for a "future job"
1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
1.1.5 WE MUST act honestly and in good faith
1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing
I-485 pending and after 6 months (so AC21 portable). Laid off. H1-B revoked but I-140 not revoked. Since it was very hard to find a job in US, I found a job outside the US temporarily in Sept 2009 and stayed there till now. Can I still enter US on AP?
The way I see it, until and unless your AP or 485 is revoked, it is legal to use both.
I am turning 21 on July and I filed my I-485 on sep 2007, I wanted to know if there is a problem with me turning 21 while my I-485 is pending or if the child status protection act applies to me.
Speak with your lawyers. You will be protected to some extent by CSPA.
Discussion Topics, Thursday, August 05, 2021:
FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.
Can I do a second job using GC EAD which I recently got and continue working for sponsored employer on H1B (unexpired I-797) for not more than 6 months? i am being told that this actually would void H1B status. I'm fine with it (moving to AOS status) as long as i do that secondary job until I-797 with current employer expires. But will it cause any issues with AOS whenever priority date becomes current ?
As long as you have the intention to remain there indefinitely what you do on the side whether you start your own business and do another job I don't think it's relevant. The key here is to have an intention to continue working with the primary employer. More...
Note: Where transcribed from audio/video, 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.
Release Date
U.S. Citizenship and Immigration Services today announced a pilot program for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status.
U.S. Citizenship and Immigration Services (USCIS) announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. The changes are part of an overall effort to transition the intake of USCIS benefit forms from Service Centers to Lockbox facilities. Centralizing form and fee intake allows USCIS to provide the public more efficient and effective initial processing of applications and fees.
My father's greencard will expire in June. How do we renew it?
Please visit this link.
http://www.immigration.com/agency_memo_policy_report/how-renew-a-green-card
I applied for GC through 245i. I currently have a valid EAD. I140 approved. and I485 pending. Its for future employment. Can I work for a non related (not related to my labour) until my 485 is approved?
Theoretically, there is nothing wrong with that, but speak with your lawyers. In my view, not working for the future employer raises issues like is there a job, do you really want to work for this employer, etc.
I have been in AOS since Sep 2007. I have a EAD and now a new opportunity hit the door to move to another company, same functions but much better pay, arounf a 40% increase. I also got married to a US citizen. My dilema now is should I take the job? my actual employeer may get angry, so could he do something to screw my case? should I re-apply through a spouse? is something the new employer can do so I can be safe? I don't want to bother new employer, but could he eventually at least help so I can keep my actual status until AOS is approved.
It looks like you have several options. Once 180 days of AOS pendency are over after I-140 approval, usually employers cannot hurt you. Speak with a lawyer.
I married my Canadian wife in November 09 in the US. She had entered the country as a visitor. She flew back to her expatriate parents in Australia. She re-entered the country - POE was LAX - and we linked up in North Carolina to drive north to pick up her belongings in Montreal. We exited the US and then we re-entered. USCIS gave us some difficulty at the border but they let us in together. Now I know I need to file the I-130 form, and I am hoping to file an I-485 for AOS and I-765 so she can work. Is this legal? She is here legally as a visitor with 6 months to stay.
This is a touchy topic. As long as you revealed to the Post during your last entry that you were married, I see no problem with the 130/485 combo.
I-485 Pending Inventory has been updated for the month of January 2014.
Thank you very much for providing legal advising regarding filing of I-485 for my wife. I appreciate the value of the advice you provided and your promptess regarding the same. I have alwayas been impressed by the quality of work put in by your staff at all stages.
I just got my GC approved through the Offices of Rajiv S. Khanna. Over the last four years I had a very good experience with all the professionals who handled my case at your offices. After so many years waiting at the labor certification stage (PBEC story), they helped me to put together the I-140/485 application, with timely and to-the-point responses to my questions along the way, is a short time. As a result, my application got approved within a couple of months way before my expected timeline. Many thanks to Richa, Amrita (LC stage) and Mathew, Rita (I-140/485) for a job well done. Keep up the good work.