I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change.
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.
I have heard that there is a proposal to allow filing of I-485
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?
FAQ Transcript
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
Discussed: FAQ on Requirements for Extension of H-1 beyond 6 years; applying for visa from third country (TCN); after getting green card, how soon can I change jobs; birth certificate problems; H-4 EAD COS pending; File green card while on H-4; H-4 EAD - Can we own our business? Do we have to run own payroll? And Applying for H-1 visa; US options for Canadian; applying H-1 through multiple employers; EB-5 for ; dentist; affidavit of support; EB-2 with 10 years of experience; EB-5 buy existing business; error on EAD; ; E-2 visa; priority date carry over; L-1A org chart, etc.
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I sincerely appreciate the service provided by Rajiv's Law office and his team, they help me at every stage of my GC as well H1/H4 renewal. They were prompt in every stage which is crucial I believe and the expertise in their field is outstanding. Thank you again.
Nizam
My Wife and I received our GC approvals within 34 months for the whole process with the grate Rajiv Khanna team. The team so responsive and dedicated in their work. Especially I have to Thank you Rajiv Khanna for his fighting efforts to stream line the Green Processing to all the immigration community. He is a great man!. We are really glad that we chose this Law firm.We are thankful to Rajiv and his staff.
Mr. Khanna has been my immigration lawyer for H1-B as well as Greencard. My 485 was approved from TSC last week in a record 11 months! He and his staff (Vijay, Suman, Shivane, Prerna, Rena) have all been exceptional! They never hesitated to answer the million questions I had and were always prompt in calling or emailing me back. Mr. Khanna too always made time out of his busy schedule to call me whenever I needed to speak with him directly. This is one exceptional group of folks and I would highly recommend them to anybody looking for a good immigration lawyer.
Mr. Khanna is the best in the Business (if you don’t agree with me, he is certainly one of the Best). His law firm is handling both my H1-B and Green Card, and my experience has always been really really very very good. Mr. Khanna has a very good team but when crises arise or there is confusion in the application process he will directly get involved – this means a lot - as the best and brightest person in us immigration arena is dealing your case. I very highly recommend his law firm.
I have worked with Mr. Khanna and his staff on H-1B and green card applications for a few of my employees over the last 4 years. Never having done this before previously and with very limited knowledge of the immigration arena, I have found all of the staff members to be extremely helpful! There is never a time where I can't ask questions or seek guidance. Communication is very important and they never dissapear on me. Rather than it feeling like a client-lawyer relationship, I feel like it is more of a partnership. They are here to make the process smooth and as painless as possible. I would recommend their services to anyone who is in need, whether it be an individual or an employer.
I just got the LC approved and I would like to express my gratitude to Mr. Khanna and Ms. Richa Narang my case manager.
I was pleased with the strategy suggested by Mr. Khanna on approaching my case. Richa did careful checks of the documents supporting my application and maintained a good communication with Mr. Khanna during the entire process. My case manager did understand the specifics of my case and she was always available in returning my emails the same day.
I work for a company that provides great support for its customers and I fully appreciate the law firm of Mr. Khanna for doing the same. All my colleagues used in recent years the services offered by this law firm due to the great confidence it inspires.
QSSI is an IT Consulting Company located in Gaithersburg, MD with a staff strength of 120+ . We have been working with Rajiv Khanna's office for close to four years. They are the best. Rajiv's staff is very knowledgeable, dedicated, prompt and professional. Rajiv is always willing to talk anyone who needs legal counsel for immigration. We are very impressed with their service, though it is tough to single out an individual, as we find all of them to be real professionals but would still want to single out the few: Rena, Anna, Mathew, Amrita, Suman, Hellen and of course Rajiv.
USCIS SCOPS (Service Center Operations Directorate) and AILA Tleconference Agenda discussing issues on H-1B Processing and Adjudications, I-140 Adjudications based on Certified ETA-9089, I-140 Erroneously Rejected & Priority Date No Longer Current, G-28s Not Recognized and other topics.
Please click the attachment for more details.
FAQ: Consular processing employment-based green card with a job offer from a different employer
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.
Discussion Topics
FAQs: Changing profession after receiving Employment Based Green Card || Eligibility for the EB-1A extraordinary ability category || The H-1B remainder option: Calculating recapture of H-1B unused time ||
1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?
2. After retrogression, can I transfer H-1B?
1. You can finish your H-1B term.
2. I don't see why not.
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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.
Hi, It was an immense pleasure and fortune to have sought advice from Rajiv Sir and I am looking forward to transfer my case to them for conversion of my category from EB3 To EB2. Mr.Rajiv has definitely got a sound base of knowledge combined with skills realted to immigration issues.I am so hopeful and optimistic about my case as I know I will be in right & trusted hands.Thanks for your sincere advice.