Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa?
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.
My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H-1B expired in 2007 and since then I have been working in the US on my EAD. My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824. Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India? And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?
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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Discussion Topics, Thursday 19 October 2017:
FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.
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.
I am now in the last stage of Green card and attending interview in Consulate in India for Employment based green card interview.<br>
I have the recent offer letter from my employer. I saw from your 2012 blog you have mentioned that the employment based consular interview is difficult from foreign country consulate with some example.
Has it improved anything better recently. What type of questions can I expect. Also I have recently relocated to another city in India because of which I have resigned my current job and at the same time waiting for this green card. I have not worked with the prospective employer till now but have the offer with recent date. So did not try for any job. I am an experienced person of 15 yrs exp and just out of job for the past 5 months. Will that hurt anything? Do I need to have one on one consultation with attorney better to be safe?
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.
What is the latest development for Employment-Based Immigrants?
In employment based the last step in the green card process is something called Adjustment of Status (AOS). If you are already in the United States in legal status it is done through the form I-485. Earlier employment-based applicants were hardly interviewed by the USCIS. You file the forms and you get your green card approval and maybe you might get an inquiry or two from the government and ultimately anybody going to the USCIS personally would get the green card approved.
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.
FAQ: Is interview required for compelling circumstances EAD? || Can we open a company while on EAD? What kind of questions/documents will be needed in the I-185 AOS interview? || Does H-1B extension denial invalidate an existing H-1B? || What can be done if an H-1B is denied while in the USA? ||Impact of taking a long break while on H-1B.
Other: Traveling while an H-1B is pending || Impact on naturalization of an incorrect name in the past ||Working from home on and H-1B ||Name updated on form I-140||Applying for L-2 EAD and change of status to H-1B ||Erroneous name on passport, visiting on a tourist visa ||Applying for H-4 EAD, I 140 withdrawn before 2017 ||H-1B issued without an I 94||I 485 delay, etc.
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
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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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?
Audio FAQ: Protection of section 245 (K) for employment-based I-485
Audio Transcript
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Thank you Rajiv and staff for helping me out with my GC process. Its been a long 12 year journey and i am glad that i was represented by one of the top immigration attorney offices. Every single application from H1, Labor, 140, 485, and then all the EAD's in between were handled so professionally.
A special thanks to Art, Heather, and Mathew for being so prompt in answering my questions.
I highly recommend everyone to use Law offices of Rajiv. S Khanna, for all the immigration matters.
Thanks,
Siva Kanumuri
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.
Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction?
Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B.
Just trying to find out what the possible advantages would be at this time with EAD.
There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.
Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.
Here is a question from our clients-only extranet - forclients.com. I think this question is relevant for a lot of people.
Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?
Ans. Yes.
Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)
One of our community members had asked a questing regarding the processing dates of 485.
In a pending AOS (I-485), unless your PD is current, USCIS will not touch your application. Only when the PD becomes current, they start processing applications ROUGHLY in the order received.
Rajiv Ji, Glad to inform you that we got our GCs couple weeks ago. It has been a pleasure working with your office for almost 11 years now. I sincerely thank Rajiv Khanna and Prerna Mehta for their excellent support and prompt turnaround with the queries and process related documentation for getting our Green Cards.