Recording of Community Conference Call (Every Other Thursday) 2015, May 28
Immigration.com
Green Card
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
USCIS wants you to know that Green Cards (also known as Permanent Resident Cards) do not always include the holder’s signature. In limited cases, USCIS may waive the signature requirement for certain people, such as children under the age of consent or individuals who are physically unable to provide a signature.
It has been a great working with Mr. Khanna and his team, especially Miss Diane. Visa and Green Card processes sometimes are very laborious and tedious too, especially if you have a very long wait time for the approval of your case or RFE. Both Mr. Khanna and Miss Diane answered all the queries I had very patiently, guided me and my wife properly throughout the immigration process. They thoroughly studied my case scenario and provided very honest and practical solution. They always got back to me in timely manner whenever I had any doubt or question. I strongly recommend Mr. Khanna's law firm for resolving any visa or immigration issues you may have!
Topics for Discussion:
FAQ: 221(g) Administrative Processing problems with visa stamping; H-1 entering USA when visa is about to expire; Advantages of Special Handling process for PERM university professors; Travel while H-1 COS is pending; Does H-4 EAD has to be applied again if H-1 changes jobs?
Other: TPS from Nepal and AOS or COS; COS or visa stamping for F-1; 240 days H-1 pending; Applying for naturalization; PERM appeal; Changing employers after I-140 approval; I-140 approved, Applying for H-1 extension with another employer; Changing EB-1B job profile after green card approval; Options if OPT is denied; H-1B transfer through multiple employers; U visa; AC21 I-140 revocation when employer is out of business; Continuing (simultaneously) with old job even after green card is approved; etc.
I and my wife got my GC approved on June 19, 2003. We got an RFE and then our files were transferred to the local INS office in San Diego, CA. I got full support and guidance from Rajiv Khanna's office and could talk to them and reach them in all situations, I have a very pleasant experience working through Rajiv Khanna. Thanks a lot Rajivji for your help and support. Good luck
Topics for Discussion, Thursday, 7 April 2016:
FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration
Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.
Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA,
Point system - how it will affect those who are already waiting for Green Card.
1. In respect to the above, Case: I-485 pending since 4 years. Did not renew H1B as using EAD/AP. Can a primary applicant on Green card have multiple jobs on EAD ? More than one W2's simultaneous.<br>
Employer A (original) - Filed Green Card<br>
Employer B (temporary) - New Employer<br>
Work for both Employer A & Employer B.<br>
2. Is it important to have a continued pay stub from Employer A (original company)? Can I work for Employer B for few months and then work back for Employer A? Will there be any problem during final Adjudication?
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 have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?
You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.
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.
My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies.
Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008.
Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year.
Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?
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.
Discussion Topics, Thursday 2 November 2017:
-H1B Amendment Approved without I-94 attached
-Changing from Non-Profit (Cap-Exempt) H1 to Profit (Cap-Subject) H1 and GC filing
- Family based second category GC (F2A)
- Transfer J-1 Visa
- H1 and H4 Extension approvals
- Upgrading H-1 B to premium processing
Discussion Topics
FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||
Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.
I am considering working contract jobs while employed by a self-owned company. I am on GC-Ead (pending AOS). Considering the mandatory filing of supplement J forms in case of job change. Is there potential for rejection? Considering that it will be a brand new company and no turnover at the time of filing supplement J.
Watch the Video on this FAQ: Porting green card to a self owned company under AC21 portability
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.
I am currently working on a GC-EAD. The I-140 was approved for title "application developer (oracle financials)" soc code 15-15051. I would like to make a lateral career change from developer to functional analyst. It will involve the same ERP software, I have picked up the skills to perform the new role while performing the previous job i.e it will be a lateral move (There are skills overlap between the two roles). Do you see any issues with doing this?
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.
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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.
1. I got my green card after that should I notify any US government agencies and Indian government regarding the change in status and having received my Green Card? <br>
2. Is there any restriction on my traveling outside the USA when I am on Green Card status?<br>
3. So what if I want to go to India for two months? <br>
4. What is N-470?<br>
5. Does any unemployment in the future affect Green card?
1. There is no such requirement that I am aware of at this point today (June 2017) that you have to notify any US government agency or Indian government just because you received your Green Card. However, what you should do is you should inform your employer that you have got your Green Card so they can update your Form I-9 which is an internal matter within the files of the employer. They don't have to update any government agencies.
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.
Rajiv and his staff are very professional, helpful, patient, clear, prompt, precise ... The list of adjectives goes on. In short, contact his office for any immigration needs ..
1. I am Green card holder, can I sponsor my mom for dependent visa, she is in India?<br>
2. Is there any time limit for which extension to be provided?
1. You have to be a US citizen to sponsor her Green card. For Green Card holders as I recall the only family other than the children and wife they can sponsor is unmarried adult children over 21 but unmarried you can apply for their Green Card. Once you become US citizen your possible beneficiaries can be larger including your parents. There is little-known provision that is sometimes used, use it if it's necessary when let say your parents they don't have anybody in India to take care of them.
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.
What is RFE and audit of GC?
Watch the Video on this FAQ: RFE and Audit of GC
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.
Lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative, can now file their form and upload evidence entirely on a mobile device. The redesign of the online Form I-90 also allows lawful permanent residents to navigate the site more easily, making the process of renewing or replacing Green Cards more convenient.
I & my wife are completing 5 years now on US Green Card, but are apprehensive to go ahead and file for our US Citizenship under the current circumstances. We also read that PR's who are using state or federal benefits are more susceptible to denials. I am making close to 200K salary and not dependent on any govt sponsored benefits or funds. But our kid has been diagnosed for Autism and he is receiving services from Department of Developmental Disabilities (DDD). The State alone is not paying for his services but we are primarily being billed on our private medical insurance for his therapy sessions every week. The school he is attending may be getting some funds for his additional care at school, considering his medical condition. Our questions are: Since we have been using DDD services for genuine medical reasons and I am in the higher salary bracket, would this be an issue for us in getting our Citizenship? Are the denials only for low income groups who are getting benefits from the government? Should we wait for some more time to apply for Citizenship?
Video Transcript:
Under the current regulations the prohibited benefits are:
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.
Rajiv S Khanna's Law Firm, based in Virginia, is working on my Green Card. I should tell you that I am extremely happy with their service. I have never gotten a chance to speak to Mr. Khanna but I have been 'constantly' in touch with one of his staff, Homa Naderi. She is simply the BEST!! Goes the extra mile to get the job done. Very pleasant to talk to. Someone whom you can count on as a friend. I would first recommend you to visit their website before contacting them. The have a fabulous website, www.immigration.com . It has got a wealth of information ranging from the legal fee structure to the latest news on immigration policies, status, etc. If you decide to go with them call their office and do insist for Homa Naderi to be your point of contact. She will make this long-hard-laborious-US-Visa-pilgrimage a pleasant experience. Feel free to call me or email me if you have any questions at 972 571 1882. Krishna