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 entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?
Watch the Video on this FAQ: Filing EB-1C, International Managers or Executives green card
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.
1. Can we file multiple green cards together? If yes what will be the side effect? <br>
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?<br>
3. Should job description match in EB-1 and EB-2?<br>
4. What may all possible issues occur?
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 on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Watch Video on this FAQ: Can a green card be started on F-1 status?
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.
Topics of Discussion: Oct 11, 2018
Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
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, 24 January 2019:
FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||
Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?
We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor.
Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.
Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.
For more updates click here .
I was married 9 years ago and am now getting divorced. My wife’s green card was granted on the basis of my EB1 filing. To ensure that her GC remains valid, is there a period of time that we need to wait after the GC approval date before filing for divorce? If there’s no such requirement, is it okay to state that we separated over a year ago (prior to the GC approval) on the divorce papers?
First rule of all immigration filings is to state the truth. As to how they will view separation, I do not know if there is any specific law on this out there. My GUESS is, separation is NOT divorce. There can always be reconciliation. Hence, she should be permitted to keep her green card.
If my company applies EB1 this month (Aug, 09), and everything goes well, by when should I expect my green card? What are the disadvantages of applying under EB1?
Too many variables. IF the priority dates remain current AND IF USCIS follows its average processing times and IF you file I-140 premium processing concurrently with your I-485, you MAY get green card approval within one year. I see no disadvantage.
I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?
There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.
Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.
How can I apply for the Einstein visa?
We would highly recommend that you have your resume evaluated by a competent lawyer. That would be the natural first step towards the process.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
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.
I read your article on the Einstein visa category. I am a foreign-trained Medical Doctor. I have an article that was published in a scientific magazine. Do you think l will qualify for this visa category?
Publishing a single article is unlikely to be even close to qualifying, unless the article has been published in an extremely high impact journal.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
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.
I am currently a postdoctoral scholar in the USA. However, I thought one needed a permanent tenure-track position to qualify for the EB-1 visa category. Is that not so?
The Einstein visa (EB1-A category) is different from the outstanding researcher or professor (EB-1B)
category. A job offer is not necessary for an EB1-A petition.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
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.
According to the criteria you have listed on in the article, I can satisfy 7 of the 10 points. So how could I apply? Where to start and where to go?
You should certainly get your resume evaluated. Note that merely qualifying for the 3 out of 10 categories does not automatically qualify you. That is just the preliminary step. There is also an overall review of your qualifications to ensure that you indeed are one of the top few members of your profession.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
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 22, 2021:
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
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Petitioner is a university that sought to employ the beneficiary permanently in the United States as an Assistant Professor of Clinical Biostatistics. In this respect, the university sought to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(1)(B) of the INA. USCIS initially denied the petition on the grounds that the beneficiary had not achieved the outstanding level of achievement required for being classified as an outstanding researcher.
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I got my I-140 processed with Law Offices of Rajiv S. Kanna in EB1(OR) category. Mrs. Diane did an excellent job in filing I-140 and I-485/EAD/AP. They know what is best for their clients. Even though, I belong to CSC, I never had any problem in getting my application filed. I strongly recommend you to get their help if you want a professional, dedicated and the best assistance.