US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
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GC future job; H-1 ext. revocation upon 140 denial, etc
Question details
I have just been accepted into a residency program here at a university. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. My I-140 is in process and I have responded to RFE on oct 16th and have not got any reply so far. Priority date is oct 2007. The residency starts in july
I think I can continue on H1B till my I-140 is pending and since my green card process is in the same department they have assured me that they will not withdraw my I-140 and that I’ll come back and work in the position of research associate after my residency(4years). Please let me know if this is legally possible as they have the intent to hire and I have the intent to join them when green card is approved.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
Marriage to US Citizen with EB AOS is pending
Question details
I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
EB1 – Outstanding Researcher/Professor
We won an EB1 Outstanding Researcher/Professor case for an applicant holding an M.B.B.S. This applicant had over eight years of teaching and research experience in addition to his experience practicing as an Internal Medicine physician. He was world-renowned for his exceptional contributions to his field of medicine. We offered 17 exceptional recommendation letters from experts around the world who acknowledged the high level of achievement of this individual.
Profession/Occupation
Guestbook Entry for S Nair, United States
Name
S Nair
Country
United States
State
CT
Although it was a brief consultation, all our questions regarding I-485, EAD and AC21 portabilty were answered satisfactorily by Mr Khanna. Sure to recommend Mr Khanna for any immigration matter especially if it is complex.