Guestbook Entry for Vijay, United States
Name
Vijay
Country
United States
State
Virginia
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Porting Priority Date from EB-2 to EB-1
Question details
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
FAQ Transcript
Video Transcript
The answer is Yes. The main thing is priority dates for EB-2 and EB-1 can be ported and there is no particular format for this. This is supposed to be automatic. The government is supposed to keep a track of that. More...
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.
May 12, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, May 12, 2022
Effect of Salary Variations During L-1A Visa
Question details
I came here on L1A. At the time of petition, my offer letter from my employer had a salary of $120K annually. This is $10,000 monthly. I want to know if running my payroll for less money will affect my GC process which I am planning to apply next year. Considering following situations, Will it affect my GC process which I am planning to apply after 1 year from my arrival date? 1) If my payroll is run for lesser salary e.g. in the range of $6000 to $8000? 2) If my payroll is run with (salary + bonus) to make it a total of $10,000/month (120K annually). For example salary = $6000/month and bonus = $4000/month
FAQ Transcript
Video Transcript
Ideally, you should be paid what is indicated on the L-1 paperwork, but there's certainly no law that I can point to that mandates that result. It is just a general sense of uneasiness because it could go into eligibility. Also, if your payroll is run with salary plus bonus I think then you should be ok although I haven't researched this issue. Have your lawyers look into it.
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.
Recording of June 9, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
FAQs: Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling || Green card application for parents during tourist visa || How are PERM minimum job requirements determined? || Extending or Renewing F-1 student visa risks and requirements || Various Interfiling Issues ||
Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
Employment-based Adjustment of Status Applicants: Send in Your Medical Forms ASAP for More Efficient Processing
U.S. Citizenship and Immigration Services (USCIS) plays a significant role in the processing of employment-based visas, and USCIS wants to ensure the center uses as many available visas as possible in fiscal year (FY) 2022, which ends on Sept. 30, 2022.
Recording of July 07, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration Law
Discussion Topics:
FAQs: Experience & education requirements for a PERM/labor certification-based green card || Continuing work or reverting to STEM OPT during H-1B Change of Status || For PERM, can I use my master's degree completed after I joined?
Recording of July 21, 2022 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Discussion Topics, Thursday, July 21, 2022:
USCIS Form Update - Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
USCIS recently updated the following USCIS form:
Lockbox Filing Location Updates
USCIS recently updated the lockbox filing location information for the following form(s). Please see the “Where to File” section of the webpage for your form.
Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv : What are the risks involved in renewing F1 visa in another country?
Published by: The Economic Times: August 01, 2022
Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.
Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.
Read more by clicking the link below or the pdf attachment.
Green card application for parents during tourist visa
Question details
As per I-94, parents are admitted until 8th August 2022 for their B2 visa. We just sent the I-130/I-485 documents to USCIS.
Q1. What happens if there is no receipt generated till 7th August? Do parents have to leave the country?
Q2. If receipt is generated after they have left the country, what happens to the GC process?
Q3. If receipt is generated in time then what is the process to extend their stay or are they automatically eligible to stay till the GC process is completed?
FAQ Transcript
1. Your obligation is complete when the government physically receives your papers with the proper filing fees. After that, if they delay in creating the receipt it's really not your problem. As long as you can show that the papers were sent and received by the government.
2. The answer is No. Let's say that they did leave, then they’re I-130 would still go on but their I-485 would be abandoned and you would have to convert the case to consular processing.
3. They are automatically eligible to stay because once their I-485 is timely filed, they are considered to be an authorized period of stay. They cannot be illegal as long as the I-485 is pending.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Traveled on Advance Parole - Maintaining H-1B status without going for stamping and filing multiple I-485 or Interfiling
Question details
I entered USA on AP (EB3 EAD), I have a valid H1B I-797A till May 2024 I have approved EB2 I-140 I also have RFE on my EB3 I-140 (EAD and AP received on EB3 filing)
1) How can I get back on H-1B status without going for stamping?
2) Can I interfile my EB3 485 to EB2 485 with pending EB3 I-140
FAQ Transcript
Since you have already entered and resumed the same job you are still considered to be on H-1B. There is nothing to get back to.
Yes, you can. Although you have traveled on advance parole you should be able to file EB-2 interfiling.
For more information you can also visit my blog:
https://immigration.com/blogs/adjustment-status-transferring-basis-i-48…
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Denial of downgrade I-140 on the basis of the employer's ability to pay; impact on approved EB-2 and pending I-485?
Question details
My EB-2 I-140 was approved in 2014. Like many others, in 2020, I filed for a downgrade from EB-2 to EB-3 with the same employer. The EB-3 I-140 was denied on Ability to Pay grounds. Now, my EB-2 date is current and I have refiled an I-485. Will there be any impact of the denial on my approved EB-2 I-140 and I-485?
FAQ Transcript
I would suggest you sit with your lawyers and figure out if there is a possibility of starting another green card with this employer, while this case is still going on. Because, if you are able to preserve your priority date and get another green card approval through PERM and the employer has the ability to pay wages, then it makes more sense to file another green card through this employer or through any other employer.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
STEM OPT students filing OPT and green cards with multiple employers (renowned companies); impact of the size of the company on a green card petition; the impact of working remotely on OPT, H-1B, and green card
Question details
1. Can I have multiple employers i.e. jobs in the first year of OPT and also after getting STEM OPT extension?
2. Can all my employers start my green process simultaneously?
3. If H-1B COS is approved through one employer i.e. switched from OPT to H-1B, can I still continue other jobs and GC process with them? If not, is there a way to continue all jobs?
4. Does it make a green card case stronger if the sponsoring employer is a big renowned company like Microsoft or Amazon? Also, what about if the company is small?
5. Does OPT, STEM, and H-1B allow you to do a job that allows remote work from within the U.S. regardless of the pandemic? Is such a job eligible for H-1B and green card sponsorship?
FAQ Transcript
1. Yes. STEM OPT people can also have more than one concurrent job, but they have to work with their DSO's to make sure the paperwork is filed properly.
2. Yes, as long as there is a good faith intention to join any one of these employers who can get your green card.
3. Yes, you can. You can have multiple H-1B approvals living together in the same space.
4. It does not impact the speed of the green card. What is most important is the company's financial solvency.
5. Remote work is possible for both OPT STEM, H-1B and Green Card jobs.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Experience & education requirements for a PERM/labor certification-based green card
Question details
1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?
2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.
3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?
FAQ Transcript
1. It will get rejected not because the requirements were low, but because the requirements were so basic that there were many applications for it.
2. It depends upon the job. Difficult to answer this.
3. Here again the question is not so much what your qualifications are but what the job requires.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna
Immigration.com
Agency
Nonimmigrant Visas
Green Card
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Effect of Divorce on an Employment-Based Case and Cross-Chargeability
Question details
I got married in May last year and my wife was born in Malaysia . I was on H-1B with I-140 approved then and learnt about cross chargeability and filed for green card in June, we both got our green card in October. Things are not going well with marriage and my wife moved to NY and she is thinking of getting divorce. If divorce does happen does this affect mine or her green card?
FAQ Transcript
Video Transcript: As long as the marriage was in good faith and you just did'nt do it to get cross chargeability benefit then there is no problem in a divorce and that will not have an effect on her green card or yours. Both principal and beneficiary can opt out of processing the green card for their spouse if there is a split-up.
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.
Naturalization issues when one continues to work with the new employer on GC instead of joining back the old employer
Question details
1. My previous employer applied for my GC and it just got approved on 07/15/2022.
(a): I have EB3 and EB2 I-140 approved from the same employer.
(b): Filed 485 based on EB3 priority date and received EAD and AP.
(c): No interfiling done to move from EB3 to EB2 and GC got approved.
2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. In case needed, I would join them back. No I-485J transfer has been done so far.
Q: Can I continue to work with my new employer using my GC instead of H-1B?
FAQ Transcript
You can, but you should join the sponsoring employer within a commercially reasonable time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Divorce while I-485 is pending: cross chargeability loss, section 498A criminal complaint
Question details
I work on H1B. My I 485 and wife's I-485 was filed in April 2022;
My priority date is Apr 2014; Have lived and worked in USA since 2004=Student visa and H-1Bvisa;
Wife was born in Nepal. She has the receipt number of my I-485 and her I-485;
I believe due to India Priority date current, I am eligible for filing and getting my GC without using cross-chargeability. Is there any implication that I should be aware of?
We are divorcing due to a mismatch in expectations. Got married in 2018; She came to the USA in early 2022 – after 4 years of disagreements and delays to live in the marriage with me.
She may file cases against me in India – such as 498A and claim that I used her Nepal birth for my GC. This was a genuine arranged marriage that was started through communication between our families.
Can she harm my I-485 case by directly communicating to USCIS about her claims. What possible risks I should plan for.
FAQ Transcript
The way USCIS interprets legal separation or divorce as being the same status conceptually. While there is no direct law on your situation, since you do not need cross-chargeability, you should not have a problem. Regarding dowry complaints and charges like 498A, we have prevailed in several cases in both green card processes and naturalizations. As long as you can show that the charges are more likely than not untrue, you may be able to overcome the problem of criminal proceedings pending in India.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Recording of September 01, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Discussion Topics:
FAQ: What is the meaning of a US “visa canceled without prejudice”? || I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140? || What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S? || H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?
I-485/AOS/AC21 issues in job through future employer - I-485/AOS
Question details
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
FAQ Transcript
It is perfectly legal for an employer to process the green card for you as long as they have the good faith intention and you have the good faith intention of joining them. However once I-140 is approved and I-485 through a future employer has been pending 180 days you’re not required to join them. You could join anyone with same or similar job anywhere in the United States. So AC21 protects not only jobs you already have in hand it also protects future jobs. As long as the intention is honest basically that is based upon your statements and that’s all that matters.
Now you are protected by AC21 job portability or green card portability you can take any job anywhere with any employer as long as it is similar to the job described by your employer B when they file your green card.
Question: During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? If I cannot join them during I-485 adjudication.........can I use another job.
And the answer is - Yes, you can and you don’t have to prove that this offer was extended prior to I-485 adjudication. That too can be a future job offer and the joining date does not really have to be specified all that needs to be specified is that is it is their intention to offer you the job and accommodate you either before or promptly after the green card is approved.
So you have all the options open if you want to respond using a job offer from the future employer (employer B/employer A) all of them are open to you and ability to pay RFE is usually only relevant to the employer who filed your green card. So if I use AC21 and go from employer X to employer Y USCIS is not going to question employer Y’s ability to pay. But if you stay with employer X they can question the ability to pay all the way till you actually get the green card.
EB-3 to EB-2 interfiling after using Advance Parole. Reverting back to EB-3 if needed
Question details
I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.
1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?
FAQ Transcript
1. The answer is yes. USCIS has made it clear that even if you have used the advanced parole the center will still allow you to do your interfiling as long as the dates for final action dates are current. Please refer the blog for more information: https://immigration.com/blogs
2. According to the USCIS you may only do so once. Although I don't know why I think it's improper enforcement of law and procedure but that's what the USCIS has said. Therefore, it is still possible, but you cannot interfile. However, in my view you can always file another I-485 to also activate the EB-3 from which you have already taken out the pre-existing I-485. Hence, I do not see any problem with filing a second I-485.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I wanted to take this opportunity to write about my experience with in regards to the interaction with Mr. Rajiv Khanna's Law firm. I consulted with Mr. Rajiv and explained my situation to him.
Scenario My case was complicated in nature , in the sense, that my attorney who applied for my GC was fired from my company and when priority date became current, I could not proceed without the I-140 Physical copy which was needed to fill out the various immigration forms. As a applicant caught in between an attorney and my company, I was basically left in the lurch and was told that without I-140 physical copy, I wont be able to apply for my I-485.
After waiting for 10 years in line, this was not what I wanted to hear.
Hence I got in touch with immigration.com and spoke to Mr. Rajiv. I want to say this, in the first 5 minutes of the conversation, I knew I can apply for the i485 with all the documents that I have and could request I-140 through FOIA. Mr. Rajiv talked to me in such a manner that I got my confidence back which I had lost with my own attorneys from my company.
I was told about the process and Mr Rajiv, explained to me how to deftly (Practically and Kindly) to handle the attorneys of the company to get what I wanted from them without ruffling feathers (AKA Ego's).
I made notes while have the consultation and I executed what I was advised.
The wealth of information and the confidence he gave me are the only reasons why I was able to handle the stress that I was going through that day.
All in All, It worked out and I got what I wanted.
For all of that, I am humbly grateful.
Om Sai Ram, Vijay