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.
How long does the supplement J form take for approval? What happens if supplement J is denied? Can I work with the new employer without filing supplement J?
Watch the Video on this FAQ: Changing jobs and Supplement J
Video Transcript
Supplement J is essentially a replacement for employment letters. See my blog for the rules.
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, May 27, 2021
FAQ: Not reporting change of address to the USCIS - Naturalization || Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial
I got my GC on March of 2016 through my then employer. Soon after getting my GC my project ended (May 2016) abruptly because of the change at client location. I did not had any project at hand so I started looking for a new job and started to work with new employer in June of 2016. There was no official end date of my employment with my previous employer through which I got my GC because they were looking for a new project for me but without any certainty how long it could be before they can find me a new project. While they were looking for a project for me, I already started working for my new employer so I just moved on without any official end date with my previous employer.
In Feb of 2019, I started a second job with another employer. Currently, I'm working 2 jobs full time on GC.
I am now eligible to file for citizenship through 5 years of permanent residency requirement. I'm worried if there will be any issues while I file for my citizenship because I did not stay with the employer that file my GC long enough after receiving my GC. Also will there be any issues because I am currently working 2 full time jobs when I file for citizenship?
I think it is fine, I personally don't see this as a problem and you will be able to file for citizenship. However, I would still want you to consult with a lawyer discuss your particular case understand the pros and cons.
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.
Previously I was on H1B when my I-140 was approved. Currently I am on H4 status, not employed and my priority date became current.
Previous employer has provided Supplement J and I have filed I-485, I-765, I-131 concurrently. The Supplement J indicates (#9 in Part 6) I am not currently employed with the sponsoring employer.
Q1) Upon receiving AOS EAD, can I directly join a new employer after 180 days of pending I-485 if sponsoring employer doesn't have any open position?
Q2) Can I start searching for new job before 180 days of pending I-485, but join after 180 days? Or, I must have to start searching and interviewing for new job, only after 180 days?
Q3) At the time of filing AOS, my Supplement J indicated that I am not currently employed with the sponsoring employer. If I join the sponsoring employer upon receiving EAD, then do I have to send USCIS new Supplement J indicating that I am now employed with the sponsoring employer, knowing that it might take a decade for my Final Action Date to become current and I may not be employed with the sponsoring employer at the time of GC interview?
Q4) What if I need to change my employer after GC interview, but before receiving GC?
Q5) I heard, after 180 days of pending I-485, even if I change my job couple of times, I can take the Supplement J only from the employer with whom I will be working at the time of GC interview. But can I still send new Supplement J to USCIS from each employers everytime I change my job? Is that legally allowed? or, is there any concern? Because, it might take a decade for my Final Action Date to become current and within that timeframe I might have to change job 2-3 times.
1. In my opinion you can.
2. Absolutely.
3. I think you should file a Supplement J. It gives you added protection.
4. As of now there is nothing definite about changing jobs after the interview but before the green card approval. I would suspect if the job is same or similar keep some record of it otherwise you can do it. But have your lawyers follow up the procedures that exist when you actually do this.
5. Absolutely.
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.
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
Discussion Topics, Thursday, July 22, 2021:
Topics:
Discussion Topics, Thursday, August 05, 2021:
FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.
February 15, 2012, Alejandro N. Mayorkas, Director USCIS, testified before the House Committee on the Judiciary Subcommittee on Immigration Policy and Enforcement.
Please check the attachment to read Testomony.
FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J
1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?
I do not think you should let your H-1B or even L-1 lapse just because you have a I-485 pending. There are times when things go wrong with the I-485. So it's such an easy thing to maintain your H-1B.
As far as the I-485 J is concerned, I personally feel that the Adjustment Of Status Supplement J should be filed as quickly as possible as it will give you an additional protection. 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.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?
Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule
Video Transcript:
1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.
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 was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .
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 on H1-B visa (valid until Dec 2021) and my Priority date is May 15, 2010, in EB2. I am working for employer A and I have recently applied for I-485/AOS in Oct 2020. Both EAD/AP are not approved yet and haven't received biometrics notice yet from USCIS. Kindly see below questions and advise.<br>
1) If I change to employer B after 180 days of filing I-485, how would USCIS know that I changed my employer if I do not file new I-485 J that's given by employer B?
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2 After getting EAD, can I stay without working for a few months? Is there a regulation that says that employment based I-485 applicant needs to work continuously after obtaining EAD?
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3) I am working for a consultancy company and recently changed my client who is not within 50-mile radius of the existing MSA. My current employer A is not planning to file H1-B amendment. In this case, if there is a site visit by USCIS officer and if they revoke H1-B, then am I still considered to be in legal status because I already applied for I-485 in Oct 2020? Am I safe to stay legally in USA in this scenario even though I did not receive EAD based on AOS?
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4) If H1B amendment/extension of an employee gets denied after filing AOS/I-485, is the employee still considered as in-status because of pending I-485?
I had my EB2 Interview last week it went good. I did submit my offer letter and my paystubs. I am still waiting to hear back from USCIS regarding the next steps. If I end up losing my job what happens in that event? I am working with my current employer on EAD and I dont have an active H1B. Its very difficult to find another job in the current situation, since I have already submitted an offer letter will they require any other confirmation before approving?
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.
FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT
OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||
FAQs:
-B-1/B-2 visitors visa extension
-Effect of immigration proclamation/executive order on green cards
-H-1B furlough or temporary lay off
-Implications of the 240 days grace period
-I-485 pending laid off/AC21/Supplement J
Other topics of discussion:
-Public charge rule
-H-1-H4-H4 EAD extension concurrently
FAQs: Changing jobs while I-140 pending and change in job title || Going to school while I-485 is pending || Issues in changing employers after I-140 approval.
OTHER: Fiance visa without a formal ceremony || Impact of Supplement J approval || Taking leave during H-4 EAD gap || H-4 EAD delay || Family-based I-485 interview rescheduled || Relocation while PERM green card is pending || Evidence of marriage || Applying for green card for parents || Applying for H-1 through two companies || Unlawful presence after H-1B denial, etc.
I have a situation of my relative - person has the employment based green card received on Mar 12, 2012, Received EAD in 2007. However lost the job(job termination) (Nov 2, 2011) 4 months before to receive the Green Card. At the time when GC was approved (March 12,2012) person was not having the job, and there after person couldn't gone to job. Could you let us know what to do for GC renewal and for citizenship.
In my opinion it is fine because there was nothing wrong with your intention to continue working and if your I-485 has been pending 180 days I think you are very well protected.
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.
FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Maintaining Green card
By
Rajiv S. Khanna
July 20th, 2012
15.55 Minutes
I wanted to record a video at the request of a community member who is a senior, a parent of a US citizen. They come and they visit. A lot of people are in this situation. When parents come and visit, are they required to continue to stay here for a certain time? How does the naturalization process work? It is a difficult topic because it has many components.
Let me start by giving you an overview of the way maintaining permanent residency in the USA works. Let’s begin with this flow chart. What does the law require if you have a green card? The law requires you to have a permanent home in the USA. There is no artistic definition of what “permanent home” is. If you in fact live in the USA, your permanent home is USA.
I’ll get to the specific questions in a minute. I just want to talk about the law in general.
Your permanent home must be USA. There is no artistic definition of permanent home. The simple question is “Where do you live?” If the answer is, “I live in USA,” you’re okay. That’s the first step. But what about taking a trip outside USA? Is it a one-time trip or infrequent trips or do you go every year for a couple of months or a month? That’s not a problem. But what if you are going every year for five months, frequent trips that you repeat every year? At some point, USCIS can raise a red flag on that. Because the question is, are you really living in USA or are you really living in your home country? If there is a pattern, even though the pattern involves travel of less than six months in a 12-month period, but it’s a pattern that has existed for a long time, a few years, they can raise an objection, and they can ask you where you live.
One thing I want to add. If a green card holder shows up at the US airport, the government has to let them in, even if they are claiming abandonment. Government has to let them in and they can lift the green card and they can say they are taking away your green card, and you have to report to immigration court on a given date, but it’s not like they can you turn you back at the airport.
Going back to what we were talking about, frequent trips or a pattern of trips. What if my trip is less than six months? Usually, there is no problem. Any year you want to go out for five months or 5 ½ months, it’s not a problem for your green card, not a problem for your naturalization, unless there is a pattern. If there is a pattern, then they can start creating issues.
What if the trip is less than a year but more than six months?
That can require an explanation at the airport. There is actually a technical term called “entry.” A green card holder who has been gone less than six months is not really seeking entry. They are not considered to be subject to a bunch of technical requirements that people would be if they were gone for six months or more.
If you are gone for more than one year outside USA without reentry permit, if you don’t have a reentry permit form like I-131 and N-470? These are two forms that help you preserve your green card. N-470 helps you preserve your stay outside USA for naturalization if you are engaged in missionary activity, working for the US government, or involved in advancing international trade on behalf of a US company. It doesn’t apply to many people, especially to parents who are coming or are retired or if they are just coming for a few months in a year. For them, it doesn’t really apply. But a reentry permit protects you, not a hundred percent, but to a certain extent against an allegation by the government that you have completely abandoned your permanent residence. If you are outside USA for more than one year without reentry permit, your green card is gone.
What to do if you have been outside USA for more than one year without reentry permit?
There are only two choices. You can apply for a returning residence visa through the consulate in your home country. It is also called SB-1 visa. There, you have to explain in quite some detail what the genuine reason was for your inability to return to USA within one year. Then it is discretionary upon the consulate whether they are convinced by the genuineness of your response or not. If you have been outside USA for more than one year, your green card is gone. If you can get a returning resident visa (SB-1 visa), then you can come back. Of course, your son or daughter can apply for a green card again. If you unfortunately have a green card through a brother or sister, that will take 13 years again. That’s the way you can get your green card back.
The next question I have been asked a lot. Yesterday, no less than three people asked me the same question.
What if I surrender my green card? Will I easily be able to get certain visas like B-1, B-2 (tourist, business), F-1(student), and J-1 (exchange visitors)?
The answer is we don’t know. On the one hand, the fact that you have given up your green card should be considered the ultimate proof that you don’t want to live in US. But government can sometimes ignore that and consider that to be actually a negative point that you had a green card and maybe you are trying get back into USA. Sometimes you can have a problem getting B, F, or J type visa. Of course, for certain kinds of visas for which immigrant intent or intent to live in USA is not an issue, like H-1, H-4, L-1, L-2 visa, you would not have any problem getting those.
That’s what I wanted to cover in the way of the general law. Now I want to show what USCIS says about this. I extracted this from the USCIS website. USCIS says if you do anything which makes you removable, for example, if you commit a crime, etc., which is not a problem for us. But then they talk about abandoning permanent residence. If you move to another country intending to live there permanently, one of the things that USCIS looks for, not just in case of parents, in case of any immigrant who is outside USA, if you leave your job and get another job outside USA, that is a sure indication that you have abandoned your permanent residence in USA. Also, if your family is living in your home country and not USA, then USCIS can consider that also to be evidence that you have abandoned your permanent residence in the USA. If you remain outside the USA for more than one year, I’ve already covered that.
If you fail to file an income tax return while living outside US for any period or you declare yourself a non-immigrant on your tax returns, you will lose your green card. But what if you are not required to file tax returns? That’s one of the questions the gentleman who sent me an email asked me. Am I required to file an income tax return? I don’t know where that observation from USCIS comes from, because, the way I see it, if IRS does not require you to file a tax return, you shouldn’t be filing one. There is not a problem. I looked up at the IRS publication P-4588. The part that I highlighted. If you have a US green card, if you are a lawful permanent resident, even if you are a US green card holder for only one day in that year, you have to file income taxes, except when your gross income from worldwide sources is less than the amount that requires a tax return to be filed. If your income is below a certain level, I do not see why you should be required to file a tax return. In my view, the information on USCIS website is a little misleading. It does not provide for those cases where a tax return is just not required to be filed. That’s the way I see it, but I’m no tax expert. I would readily admit that. In my view, it is not required.
Now, going through the questions that our respected community member has.
Can the green card holder travel to their native country for 160 to 170 days?
As I said, as long as you are maintaining your permanent home in USA. The question is what is a permanent home for somebody who lives a few months here and few months in the home country? Difficult for me to say. Maybe a separate bedroom for you in your children’s house, if you’re living with a child, maybe your bank account, or if you have your driver’s license. Anything that a person who is living in USA permanently would do will strengthen your case. If you have a pattern of going back to your home country for a few months every year and it is 160-170 days, which is just short of 180, it appears to USCIS that maybe you are not really seriously maintaining your green card. That’s what I would be worried about. However, if you have other indications that you are actually living permanently in USA. Again, this is not a term of art. There isn’t anything here that I can say that is very scientific or artistic or esoteric that I can explain to people. It is just common sense. Whatever a normal person does. By normal, I mean you, for example. What would you do, sir, if you were living in USA? What kind of amenities would you create for yourself? Would you rent your own house? Buy your own house? Whatever it is that you would normally do. If you follow that through, I think you have a fairly good chance of surviving any challenge by the government that you have abandoned your green card. By the way, for naturalization also, if the green card has been abandoned at any point in time, there can be no naturalization.
Question #2. 99 percent of parents are dependent on their children. Is it necessary to file income tax returns?
In my view, no. If IRS doesn’t require you to file tax returns, I don’t see how USCIS can. In my view, you should not have to file tax returns, if, under the rules of IRS, you’re not required to.
May you file no taxable income? I don’t know how to do that. You have to ask your CPA.
Will it affect for filing the naturalization process? I haven’t done extensive research on this issue of tax returns, but, just from what I saw in a couple of minutes of review, it didn’t appear to me that a tax return should be required. If you want to be even more sure, what you can do is contact your Congressman’s office here in USA and just tell them to find out the answer for you definitively.
I am unaware of the source of this requirement. I don’t see where USCIS says you’ve got to file taxes. What if the law doesn’t require you to?
So, go to your Congressman’s office. They might be able to confirm.
I don’t want to spend a whole lot of time trying to resolve this issue, which is, in my view, a marginal issue.
Third question--Can they continue to hold green card for seven to eight years and, in the ninth year, file for naturalization?
The answer is yes. As long as you meet the requirements for naturalization and you have not abandoned your green card, you are okay.
That’s pretty much all I have to add to this. You folks with follow-up questions, go ahead and send us emails or join our community conference calls. We’ll take it up there.
Thank you, everybody.
This video is available on immigration.com at Requirements for Naturalization in USA (Forms I-131/N-470)
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.