This policy memorandum (PM) provides guidance on the adjudication of Form I-485, Application to Register or Adjust Status, filed by immediate relatives of U.S. citizens who were last admitted under the Visa Waiver Program (VWP). This PM updates the Adjudicator’s Field Manual (AFM) by adding a new section (j) to Chapter 10.3 and 23.5 (AFM Update AD11-30).
For more details on the memorandum please click the attachment
Hey people, finally got approved after the priority date got current. had my interview in milwaukee, yesterday 5/17. i noticed while i waited for him to finish something else that the approved stamp was already placed on the file in front of the desk. i verified to see if it was the same A number as mine and it was. so after a minute he simply took my signature and fingerprint on an unfilled form which i hope he filled out later while he was still on the phone. he then proceeded to tell me that all was well and i could go.
My timeline:
Eb3, priority date June 2002
RFE on 485 for self March 2005, spouse a couple of weeks later.
Replied to RFE beginning of May. Received notice on June 8 that our case was transferred to Cincinnati, Ohio
Made infopass appointment to visit Columbus and was told that Cincinnati was the office that received files from the service center and that Cincinnati would forward the files to Columbus.
Our case was initially filed with VSC in March, 2001 (EB2 and future-employment based, the petitioning company is located in NJ and we always work in California).
First of all, thank you very much Rajiv for all your advise during this greencard journey, especially during this last 2 weeks. Every time we have relied on your advice blindly.
It has been a great morale boost and also professional confidence when I contacted Rajiv khanna's office for providing the professional support for AC21 case.
The documentation and support from Mathew Chako was really good and it was clear and precise to the point.
Also at the time of interview, Rajiv provided good support without any additional economic consideration. It was really nice to have a person next to you at that time of interview process.
Really I am hats off for Rajiv Khanna's team......
I am on L-1 visa until 2015, according to my employer's attorney the I-140 form was already approved, now my employer does not want to continue with the I-485 form process (because they don't want to pay attorney's fees) and will not release any information related to my case, do I have any chance to continue with the GC process by myself? Or will I be facing deportation at the L-1 visa expiration date?
There is no problem with you paying the I-485 fees. But the employer must be involved to the extent that they need to provide a (truthful) letter evidencing continuity of your employment.
Please visit this link for the updated Chart for all Employment - Based I-485 Pending Inventory
http://www.immigration.com/chart-all-employment-based-i-485-pending-inv…
Got GC in 18months (RIR Labor application to 485 approval). Rajiv Khanna (RK) helped me out of a mess that I thought was impossible to solve. He helped out an unknown emailer, spent hours analyzing the situation over the phone and devised a game-plan. Guess what, without signing a retainer or expecting compensation. I still remember when I called other “big lawyer” for help, first thing her office wanted was my credit card.
Story began in summer of 2003. When I found out that my earlier lawyer had screwed up the whole 140/485 application and was eventually denied, loss of 4years of waiting. I then emailed RK for help. He patiently heard the story and advised that I should redo the whole application from point A. Even though dread of going through whole labor application all over again was overwhelming, RK was absolutely correct that earlier labor was approved under incorrect language, mistakes many inexperienced lawyers make.
Best thing is that he sticks by the books, remains honest about the situation and never promises miracles. Apart from RK’s excellent competency and vast experience, he has excellent well-trained support team. That really makes a huge difference because game-plan is one thing, while organizational support & efficient execution is other.
What is the process for I-140 expedite requests?
Expedite requests are received through the USCIS NCSC customer service number. In cases of emergency where an AP is required, an INFOPASS appointment will be made possible at the local office. Usually, for expedite issues on I-485 applications for religious workers, the biometrics takes about 14 to 30 days. The lockbox, on the other hand, takes seven to ten days to issue a receipt.
What is the procedure for filing the I-824?
The I-824 needs to be filed concurrently. Once the I-485 approval is done, the I-824 must be adjudicated. Any further delays should be reported to USCIS.
I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.
I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.
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: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest
FAQ: Consular processing employment-based green card with a job offer from a different employer
Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card
Discussion topics:
1. I applied for I-485 and it is pending. I received my GC-EAD in Aug. 2021 and started using it for my work. I am currently working for two employers on W-2s using the GC-EAD (GC employer and a new employer). Will USCIS question why I am working with 2 employers on W-2s? Will it impact the pending I-485?
2.Instead of two W-2s can I convert the second W-2 to a 1099 ?
3.During the GC interview or in the RFE Letter, if they ask to provide a W-2 , can I produce only the primary employer W-2?
4.If the interviewer asks how come you have two W-2s how to answer the question in a more convincing way ?
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 encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).
I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:
1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?
2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?
If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.
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.
I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?
Theoretically at least, the answer is “yes”. The government clearly allows that, but there are a lot of wrinkles. Talk with the lawyer and make sure you understand all the nuances, including employer-employee relationship, genuine job offer etc., and then you can do it. I do not see any reason why you cannot.
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.
My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.
Timeline:
I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485
My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know
1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?
2. If we interfile, will there be an impact on the EB-3, in case they reject it
3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?
1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.
2. It could be.
3.Have your new employer start a new case. Start from PERM upwards.
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.
What exactly is interfiling?
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?
FAQ Transcript:
Green card which is employment based does not require you to enter into slavery. It requires only this. On the date your green card was approved it was your intention to work at your job indefinitely, not permanently. So if I got my approval today and today I continue working indefinitely for the next few days or years but a week later I got a better job can I leave and the answer is yes. I think you can. But let’s say I already have an offer at hand and I got my green card and I want to go and would that be considered indefinite. Probably not. The government can take an objection but even there if the job was same or similar to what the green card job was I think a good argument can be made under AC21 portability. Currently the law requires only to have indefinite intention but on the date you got your green card. However once the green c ard is approved and if your intention changes, then I do not see any problem with it.
I got my I-485 approval on July 20, 2004, ending a long nerve wrecking wait of almost 4 years. I would like to thank Rajiv S. Khanna and his staff for their outstanding work to help me in this important process.
I had to have my EAD renewed 2 times due to immense backlog. But I was not charged for the unexpected extra work.
I would like to show my special thanks to Leila Lehman, who was always there to answer instantly to all my questions during the I-485 processing.
Also, I would like to thank the entire staff especially to Diane Lombardo (Labor, I-140 and other paper processing), Suman Bhasin (for all those complicated and subtle questions), and Rajiv S Khanna (for indirectly answering my convoluted questions) and every one else who helped me during the process.
I have a couple of colleagues who went through the permanent residency adjustment of status processed by the team from the Law Office of Rajiv S. Khanna, and I have never heard anyone complaining.
I would like to extend my gratitude to the entire staff and thanks them for their professional assistance. For without it I would not have seen this day.