Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
1. While I am moving my H-1 New Employer B, What if something goes wrong during H-1 transfer or after that in GC processing with new employer like RFEs etc comes up, can I move back to employer A if employer A is willing to take me back. Does AC 21 portability rule applied to my case also? Since I have not filed I-485 yet, as per my understanding this rule does not apply to me. While my GC is in process with new Employer B and I am in waiting mode for I-140 approval with new employer, What will happen if my time to extend H-1 petition comes up.
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2. Can I still extend my H-1 with new Employer even if I-140 with new employer is in process and not yet approved. Can I use my old Employers approved I-140 to extend my H-1 in this situation.
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.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) launched a pilot to test a redesigned processing times webpage that displays the data for all forms in an easier-to-read format and also tests a new way of collecting data and calculating the processing times for some forms.
Procedures at NBC for I-485 applications that require an interview - NBC works as a pre-interview processing center for I-485 applications that require an interview. The center (NBC) also performs an “Initial Evidence Review’ for basic required documents like the birth certificate, I-693, I-864, proof of legal entry and for other documents. A case is “interview ready” once the application is placed under the scheduling queue as soon as NBC completes its pre interview processing steps and verifies the case.
1) After getting the GC through a sponsoring employer, is there any procedure to indicate that the future job is accepted by the employee. I mean switching from H1B to GC status is just based on letting the employer know about the status or is there any paperwork needed to be sent to USCIS?
2) Also, based on getting a green card, is there a stringent requirement of payroll checks? This is based on the fact that H1B employees have to maintain the payroll constantly (based on my knowledge). I am asking this in case I want to take a vacation for some time in case I get my GC?
3) After joining the sponsoring employer, if on GC, more opportunities come by, is it allright to consider those opportunities? What is the timeframe for USCIS to consider that the employee did have the right intent to join the sponsoring employer?
A1) There is no formal procedure other than joining, preparing a Form I-9, being on the payroll and actually working.
A2) You can behave like you would in any other permanent job - take vacations, etc.
A3) That question has been answered on my blog. See http://forums.immigration.com/blog.php?b=36
USCIS will go on accepting Employment based Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009 - According to the availability listed in the August 2009 Department of State Visa Bulletin USCIS will go on accepting Employment Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009. However, as of September 1, 2009, the September visa bulletin will control and this category will turn out to be “unavailable”. For more on this please click the recent visa bulletin here.
1. I am on H1B. It is valid until 2010. Since I am hearing that there are many queries on the port of entry, do ou think I should travel back to the country with valid AP or H1? Which one is more preferable?
2. Considering I have valid H1B until 2010 and valid AP (though I don't have AP at the moment). I plan to stay on H1 as long as I am waiting for my greencard. But for travel purposes I use AP. Does coming back into the country using AP will change my status from H1 to EAD?
3. How long is AP processing taking these days?
4. All my co-workers are getting huge queries on H1 extension or H1 transfer. Is AP processing also getting queries? Should I even start AP processing?
5. Please list out all the documents that I should carry while traveling?
1. I think I prefer AP. Read the Cronin memo and you will understand that even if you enter using AP, you will be considered to be on valid H-1 as long as you were maintaining H-1 status before you left. Search the word "Cronin" on my blog .
2. No. See answer above.
3. It is impossible to predict times. Plan for a six-month turnaround.
4. Do not be scared of queries. We are yet to lose an H-1 case. I am not aware of any queries on AP.
5. Advance Parole and Passport.
[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request
I'm currently on H1-B visa. I applied for I-485 in October 2020 and I got my EAD/AP card approved. I'm in EB2 category with priority date of March 2011.
I was convicted for DUI in November 2011 and consulted Rajeev Khanna Sir in 2012 through 15 minutes telephone consultation. As Rajeev sir advised, I got the certified copy of court disposition and a letter from criminal lawyer explaining that this is a misdemeanor -- quoting the statute.
So with the first time DUI arrest (in 2011 been 10 years) , I have 2 questions:
1) I would like to know if first time DUI affects my chances of getting I-485 approval?
2) I'm planning to convert from my H1-B status and start using EAD, will it be wise to do that considering the DUI arrest.
Answer 1. No, if it's a misdemeanor and the sentence imposed is less than six months normally first time you don't get a sentence at all. You should not have any problem.
Answer 2. I think having an H-1B is a very good idea.
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 a situation of my relative - person has the employment based green card received on Mar 12, 2012, Received EAD in 2007. However lost the job(job termination) (Nov 2, 2011) 4 months before to receive the Green Card. At the time when GC was approved (March 12,2012) person was not having the job, and there after person couldn't gone to job. Could you let us know what to do for GC renewal and for citizenship.
In my opinion it is fine because there was nothing wrong with your intention to continue working and if your I-485 has been pending 180 days I think you are very well protected.
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 company (an LLC) is filing Chapter 11 Bankruptcy to restructure debt. They are planning to emerge out of Bankruptcy filing as a "C corp" company. We were told that there wont be any interruption to the day-to-day business.
1. How does it effect my H1B visa and GC application (filed I-485 - pending)?
2. Do I need to re-apply (transfer) H1 B to the new company or can I send an amendment?
3. Do I need to file AC 21 portability or send an amendment to pending I-485 application?
1. If your job remains the same and regular salary continues to be paid I see no issue for H-1 or green card.
2. An amendment should be filed, though it is debatable if it is required.
3. In my view, AC21 port is easier.
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within
While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?
Video Transcript:
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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?
Watch the Video on this FAQ: Change in job title after getting a green card approval
Video Transcript:
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.
Situation: I am on a cap exempt H1 with an approved I-140 more than 180 days and I found an employer who can file my cap subject H1 this April.
1. If the cap subject H1 is approved before oct 1st, will my new employment start date be earlier than October 1st?
2. Should I have to leave my current employer as soon as the other H1 is approved?
3. What if I don’t join the new employer until I find a project with them? Meaning, can I wait until after oct 1st until I find a project with them?
4. From your previous calls, I understood that if the new H1 is not revoked until oct 1st, I don’t have to go under cap anymore. Is that still accurate? Also, can you explain about getting a new I-94?
5. Should I have to go thru the GC filing all over again?
6. Can I start working with new employer while continuing my current employment?
1.If you are going to completely transfer over to a cap subject H-1B from a cap exempt you are going to start on October 1st, no earlier.
2. No.
3. Do not have the employer file an H-1B unless there is a specific project.
4. Yes that is still accurate.
5. The answer is yes, because you are carrying your priority date forward.
6. If you are working for a cap exempt employer you can actually concurrently work for a cap subject employer as long as it is a concurrent H-1B.
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.
USCIS offers a Questions and Answers to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees.
Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.
Q: Why is the wait so long for my employment-based green card?
I was in need of direction and help on my immigration complications and Mr. Khanna was very patient and prompt in explaining the entire case and steps involved to me. I highly recommend their law office to all who need help and advise related to immigration.
FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
I am so much thankful to this Office since they started my case. This Office did my I-140. It is approved and I-485 approved. This Office has taken care of each and every step at all levels with great care without mistake. This office so much helpfull. I am so much thankful to Mathew and Bharathi for their help. I would like to explain how much this office helpfull. I was forced to change the employer to keep my job lost December 2008. I asked this office to file AC-21. They asked me get consent from my previous employer as this office is having agrement with previous employer. Then previous employer did not accept it. Then I consulted other Attorney. They agreed to file my AC21 with G-28 form. My case is transferred to my new Attorney. I got query on my I -485. The query has my new attorney name, they sent it to this office instead of my new attorney. This Office immidately took care and informed by phone and mail irrespective name of attoney on the query letter. I was not in office and I did not see mail. And not replied to mail. Then they called me on cell phone at least 4 times on the same day. Unfortunately my cell phone was not working properly. They left me 4 voice mails. I saw voice mails in the night. This indicates how much this office is helpfull. I always respect quality of work and helping nature. This Office has got every thing to deal cases. Please do not think about fee. I always suggest to go with this office and forget your case. They will take care of you in all aspects. I am gratefull to Mathew and Bharathi. The help is priceless. Thank You.
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q 1. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending?
Q 2. Can we expedite the adjudication of our pending I-485 (or any application, for that matter)?
A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.
Excellent work by the team of Immigration.com.