Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?
Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting
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.
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.
I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.
Video Transcript
1. The answer is no. But if you want to you could.
2. AC21 protects you from these layoff periods and periods between changing jobs.
3. No problem.
4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.
5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.
6.You don't have to prove job salary to get these renewals. FAQ in detail...
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.
Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview
Discussion Topics, Thursday, 04 March 2021:
FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?
Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister
On May 14, 2018, USCIS will begin recalling approximately 8,543 Permanent Resident Cards (also known as Green Cards) due to a production error. The Green Cards were for approved Form I-751, Petition to Remove Conditions of Residence for spouses of U.S. citizens. The cards were printed with an incorrect “Resident Since” date and mailed between February and April 2018.
Due to a processing error on May 4, 2018, USCIS mailed a number of biometric services appointment notices with incorrect Application Support Center (ASC) locations to petitioners who filed Form I-751, Petition to Remove Conditions on Residence.
As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.
On Sep. 10, USCIS changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the California and Vermont service centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices.
USCIS is sending text and email messages between Sept. 17 and Sept. 20, 2018, about filing Form I-90, Application to Replace Permanent Resident Card online. If you are a lawful permanent resident and your Green Card has expired or is about to expire, or if you need to replace it for another reason, you may file Form I-90 online.
USCIS announced that it will automatically extend parole, and employment authorization if applicable, for certain aliens present in the Commonwealth of the Northern Mariana Islands (CNMI). This specific extension of parole will apply only to current parolees whose parole status will expire on June 29, 2020.
I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?
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.
I worked with Rajiv and Diane for my EB1-B greencard petition. The initial consultations with Rajiv were a big help in understanding my eligibility (I have a PhD and work as a scientist at a Biotech company) and the paperwork required for the petition. Diane’s amazing organizational skills made the daunting process of preparing the I-140 petition very manageable. The I-140 was approved within a week of submission which is a testament to how thoroughly prepared it was. Due to the dates for EB1 India being retrogressed, the I-485 (adjustment of status) process took 3 years during which the office helped me with switching jobs via AC21 portability, renewing three EAD/AP cards and answering any questions that I may have had. The sense of urgency and empathy from both Diane and Rajiv at every step is what makes them the best at what they do. They are of course also incredibly knowledgeable and in step with all the various changes that have rapidly occurred in immigration. My husband and I finally have our green cards and we can’t thank the team at the Law offices of Rajiv S. Khanna enough for everything they do.
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.
I am really glad to have Rajiv as my attorney. It really helped me to get my card within 9 months. Diane is extremely fast and made my job very easy.
Department of Health and Human Services (HHS) proposed rule on the removal of HIV infection from its list of communicable diseases of public health significance - As of now with respect to the above proposed rule the Chicago Field Office has not received any guidance from HQ. Hence the office will not hold such applications in suspension until further notice.
We have won a case for a Ph.D. in Immunology for EB1, Outstanding Researcher following an elaborate Request for Evidence. The applicant had extensive research experience in the following areas: Pathology, Biochemistry, Molecular Biology and Immunology. USCIS requested additional documentary evidence to support the initial evidence that the applicant qualified based on his acting as judge of others’ work, numerous publications with accompanying citations as well as substantial evidence of “original” scientific contributions.
We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission. The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.
We have recently won a case for an applicant who worked as a clinical dental professor and a researcher. The case was won following a Request for Evidence. We showed that the applicant qualified based on his international awards and honors and his highly regarded professional memberships. We provided substantial documentation to show the stringent criteria to obtain such honors.
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.
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
I should say that I have the highest respect for Mr. Khanna both professionally and personally. I got my EB1 GC (1 year total start-to-finish) some time ago through Mr. Khanna's firm. Worth every penny and I still recommend to all my friends. This is my true feeling. As a matter of fact, I intend to apply for naturalization soon and I had a few questions concerning the same. I just wrote an email to him. Soon he responded back and he proactively gave me a appointment to speak to him at no cost. He was very kind in clarifying all my question in a friendly manner and suggested that I could apply for the same myself. Who in this day-and-age would dispense free advice knowing tha they are not going to gain anything from it monetarily. To this end, I have great respect for him. Even during my GC process, he was very very helpful and gave the right advice during all the twists-and-turns. I know that many of us are not millionaires, at least staring our lives as non-immigrats in this country. In that regard, while applying for my GC, his services fees were appropriate and the extreme value that he provides. I know that because I inquired with quite a few attorneys at that point in time and was shocked by the extremely outrageous service fee that they demanded. Furthermore, I know for a fact the immense help he provides indirectly through this forums and free conference calls to the public (not only his clients). I use his forums heavily to do my deligent research related to immigration. Furthermore, he has the website dedicated only for his clients where he was very much accessible via personal chat sessions and enabling people to share a wealth on knowledgebase. I know that there are other forums and none can compare to the one at immigration.com. Finally, I would like to conclude by saying that when it comes to immigration, Mr. Khanna is the man.
Happy to see our 485 approved.
Really appreciate the help, guidance provided by all the staff from Law Office of Khanna's in the process.