Guestbook Entry for Indrani Mookerjee, United States
Name
Indrani Mookerjee
Country
United States
State
MD
Search
Is Interview Required for Compelling Circumstances EAD?
Question details
Recently USCIS announced that when a I-485 application is filed the Candidate has to go through the interview process. Is this applicable to the COMPELLING CIRCUMSTANCES EAD as well?
Watch the Video on this FAQ: Is interview required for compelling circumstances EAD?
Video Transcript
No. Not so far. The government has not indicated that they will be requiring an interview before issuing a Compelling Circumstances EAD. That's only confined to the I-485 applications. More
FAQ 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.
Compelling Circumstances EAD
We recently filed an application for an EAD based on compelling circumstances for a client with a major medical concern. The applicant was on an H-1B status. We provided a petition to USCIS outlining the applicant’s medical history and the ongoing treatment that showed the progression of his illness, which limited his ability to perform his job duties. He was initially placed on short-term disability but as the condition progressed, it was necessary for applicant to be placed on long-term disability.
Status
Compelling circumstances EAD approved
Green Card
Compelling Circumstances EAD
The regulations enacted by the USCIS on 17 January 2017 have created a new class of employment authorization - "Compelling Circumstances EAD." This is available to those people whose I-140 is approved and priority dates are not yet current.
Outline of Compelling Circumstances EAD Regs
Green Card
Nov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Compelling Circumstances EAD
We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status.
Status
Compelling circumstances EAD approved
Green Card
08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
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-140 Employment Authorization (EAD) in Compelling Circumstances
Question details
I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.
Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-
- Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
- If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
- Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?
FAQ Transcript
In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. 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.
Immigration for Abused Spouse
U.S. citizens (USC) and Lawful Permanent Residents (LPRs) may file immigrant visa petitions with the U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may immigrate to or remain in the United States. Sadly, certain cases exist where U.S. citizens and LPRs misuse their control of this process to abuse their family members. Consequently, most battered immigrants are fearful to report the abuse to the police or other authorities out of fear of losing their immigration benefits.
Green Card
Father wants to sponsor me
Question details
I arrived in the U.S. with a non-immigrant visa that expires 2016, my dad is a permanent resident who is now applying for his citizenship. My dad wants to sponsor me while i remain in the us. What forms do we have to fill out and would i be able to live and work in the us while my status adjustment is processing.
Review Form I-130. You cannot stay in USA while or just because the case is pending, unless you have some visa/status that allows you to stay.
GC petition for a 21 year old
Question details
My friend filed a petition for an adult child (over 21 years old) six years ago and just received notification this year that there's a visa number available for the child. Meanwhile, the child has traveled to study and obtained a permanent residence in Canada. However, the child still wants to join his mother to the United States. Will the US give the child a GC if all the requirements are met?
Sure. The fact that he is in Canada is not an impediment.
LPR petition for son
Question details
My mother just got recently approved to migrate to the US as LPR. I am a USC. Now I was wondering how soon my mom can submit a petition for my brother who is unmarried and over 21. I am assuming it would be faster for my LPR mother to petition my brother than me.
It will be faster for her to petition and she can do so as soon as she wants. I would suggest she should apply when she moves to USA. If you wish, you can also start a petition for your brother. He can wait in more than one category.
Guestbook Entry for Rajarshi (Raj) & Satarupa, United States
Name
Rajarshi (Raj) & Satarupa
Country
United States
State
Kansas City
Comment
We just did recently receive our US Green Card (EB2) for both my wife and me. Keeping all those melodrama apart, in short, is extremely pleased and has no words to express ourselves. We want to thank everyone working with Law Offices of Rajiv (Immigration.com) and especially Mathew, Suman-Ji, Bharathi, Anna, Rita and last but not the least Rajiv himself. On a true note, they are extremely professional and super prompt in answering any of your stupidest questions on Immigration. Rajiv is extremely desperate in taking cases through to positive destiny using and interpreting every piece of immigration law that according to me, a lot of his competitors would try and avoid.
In last 6-years they have done our multiple successful H1B/H4 renewals, this Green Card case, and hopefully would be the one helping us on our US Citizenship process, about 5-years from now.
All of you guys out there, if you have any immigration issues, and want a little piece of mind, please do not wait. schedule an immediate appointment with them and be happy from thereon.
Just for information, our US born baby girl is about 2.5 months old now. Once she grows up a bit, would surely want to pay them a visit. We wish them all the very best as of now and in future.
GC through mother ....
Question details
My parents got GC and I could not get it since I was 21. I am now in the US on H-1B. My mom applied for me when she was a permanent resident under the unmarried son/daughter category. In 2009 I got a letter from USCIS that my visa is available since my priority date was Sept 2001 but in 2009 I was already married and my mom became a citizen after we got married. My question is - can I file for new I-130 and request them to allow me to use the old priority date (Sept 2001)? What are the chances of them allowing me to do that?
As far as I know your PD cannot be reused because you lost it through becoming ineligible for the visa category.
Information on the Legal Rights Available to Immigrant Victims of Domestic Violence in the United States and Facts about Immigrating on a Marriage-Based Visa
Purpose
Immigrants are particularly vulnerable to domestic violence because they may not speak English, are often separated from family and friends, and may not understand the laws of the United States. For these reasons, immigrants are often afraid to report acts of domestic violence to the police or to seek other forms of assistance. Such fear causes many immigrants to remain in abusive relationships.
Spousal abuse
Question details
What can happen to the US citizen if a spousal abuse case is filed by an illegal immigrant?
The abusing spouse can go to prison.
Child Turning 21, Immigration Consequences for Pending Green Card Cases
Question details
I am on H-1 Visa and my son is on H-4 visa. He is 17 years(studying 11th grade). I wanted to know whether i need to change the visa status at the age of 21. If so, the green card processed by my employer for him will still be valid or not. Also, if he goes to India for studying his degree for like 4 or 5 years, will the green card processing for him will be valid.
FAQ 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.
Impact on US immigration for violation of other countries’ laws
Question details
I recently became US citizen and now planning to file for green card for my own parents from India. However, in past my parents overstayed on their visitor visa(6 months) in UK from 2002 to 2013. They applied for asylum in 2006 and case was going on but then they withdrew their file and then they were sent on their emergency passports(as their old passports were lost and expired, they were given white passport) to India. They had no other criminal activity there and also have No Objection Certificate from Police department of the city they were staying in UK. Now they have their new passports printed from India.
I wanted to know that Does any of this situations in past makes it difficult for them to obtain permanent residency in USA?
FAQ 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.
Dual Intent Visas and Filing green Card in Multiple Categories Simultaneously
Question details
My sister is a naturalized US citizen and she is planning on applying for my GC. I have 2 questions:
1. If my company decides to sponsor my L1-A visa (after my GC application is submitted) will my L1-A be denied because of my GC application?. I have a multiple entry 10 year tourist visa that will expire in 2017. If I apply for a new tourist visa in 2017, will that be denied?
2. Furthermore, my father's GC (consular processing) is being processed currently. Once he becomes a GC holder, can he apply for my GC (I am single over 21 years of age) in such cases Processing time is also much less. If my father can sponsor my GC, what happens to my application in the unfortunate event of my father's demise during this period?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/R4-_pic6TzY?t=103
FAQ Transcript
VAWA Reauthorization Bill, S. 47
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
President Obama Signs the VAWA Bill
Yesterday, President Obama signed a bill that both strengthened and reauthorized the Violence Against Women Act (VAWA).
For more on this news visit this link
Compelling Circumstances EAD
USCIS Provides Guidance on Employment Authorization Documents Based on Compelling Circumstances
Release Date
U.S. Citizenship and Immigration Services today released policy guidance on the eligibility criteria for initial and renewal applications for employment authorization documents (EADs) in compelling circumstances based on existing regulatory requirements at 8 CFR 204.5(p).
Recording for June 29, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: EB-1C (International Managers and Executives): Eligibility for H-1B managers in the USA
Job loss situation - Alternatives and return options for H-1B visa holders with approved I-140
Question details
I have an approved I-140 (Approved in Feb 2022) which is already 6 months past the approval date & my priority date is August 2020. I am currently on H1B visa where I have already completed my 1st 3 years and currently am on the 1st 3 year extension.
My question is :
1.If for any odd reason I lose my job in the US, and I am not able to find another job within the 60 days grace period, what alternatives do I have within the US and find a job (H4 is not an option for me currently) ? Would joining a consultancy be a safe option to stop accruing unlawful presence OR compelling circumstance EAD ?
2. If I decide that going to India is a better option and want to come back after some time to the US, would I be subject to the H1B lottery at any point in future if my 6 years of H1B is exhausted ? What information or documents are needed to assist for returning back to the US ?
FAQ Transcript
1. B-1/B-2 is another option. Please visit the blog entry on this issue. One might consider refraining from joining a consultancy unless they have a specific project.Compelling Circumstances EAD is not that glamorous, the reason being that it takes a long time to process.
2. You can, of course, stay here while it's being processed, and then it's only given for one year, requiring you to extend it annually if you go to India. B-1/B-2 is reasonably a good option; all you need is a copy of your earlier H-1B approval notice, and that should be enough.
I want to thank Homa Naderi for her efficiency,promptness and patience. She answered telephone calls and emails within the hour and did not tire of answering questions that appeared confusing to a lay person. Most importantly she always conveyed to us her belief that the applications will be accepted. I will be happy to refer people to her.