If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.
You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest. But NIW priority date will take the same time as a normal EB-2 application does. See:
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 would like to thank Mr. Khanna and his team members esp. Suman, Leila and Diane Lombardo for the great services they have provided to my family. We started our GC process two years ago and got approved in Sep '01 and received card in Dec '01. Applied under EB2 RIR.
I would like to thank Mr. Khanna and his team members for the great services they have provided to my family. My wife and I started our GC application three years ago and got approved last month. It's EB2 RIR.
Thanks and regards to Rajiv S. Khanna and his co-workers for the advice and professional work to get our Green Card. We started in Sep'99 and the approval came in Oct'01. It was RIR under EB2.
FAQ: Successor in interest, effect of location change on green card; EB-5 investment-based green card loan, collateral, ownership; How soon can I leave the employer after green card approval; DUI/DWI visa revocation; EB-2 for nurses; What should employees do when employer convicted of visa fraud.
Other: I-94 expiring- passport duration; Children born within a few days after green card approval; H-1B amendment - change of location or project; H-1B cap exemption; Travel during STEM OPT extension; Opening a non-profit while on H-1; Physician (FMG) using H-4 EAD; H-4 extension; etc.
I worked with Heather and Rajiv for my 485 AOS and AC21. One of the best thing about them is they are so quick to answer questions and explain them with absolute clarity. Thank you both of you for all the help.
Discussion Topics, Thursday, 16 June 2016:
FAQ: Traveling on I-551 stamp and maintaining green card; Quota H-1 changing jobs before 1 October; EB-2 and how to find a company that sponsors green cards; How can employees save themselves from corporate fraud by employers; Correcting names discrepancy FNU LNU; Filing new green card if job changes; Filing new green card if job changes.
Other: Simultaneous green card through employment and marriage to US citizen; Options to stay in the USA after visa/status expires; H-1 travel to USA, quota exemption; Apply for F-2 or H-4; transfer H-1 pay stubs; Transfer H-1 after it expires; E-2 visa partnership; Tourist visa to maintain status, out of status; Emergency visa stamping; Priority date transfer; etc.
I had my green card filed through my employer and got the opportunity to work directly with Lakshmi Kompella, one of the attorneys at the law firm and I couldn't have asked for a better person to handle my case. She was always available to take my calls and answer any of the multiple questions I had in great detail, and never failed to return my calls and emails whenever I was not able to reach her. My process went by really fast and I attribute that to the diligent work that Lakshmi and her team performed. I won't hesitate to recommend my friends and colleagues to this law firm for any of the services they provide.
We discussed these (and other) issues of US immigration:
FAQ: Can a J-2 holder get a HRR 212(e) waiver without J-1?
Other: Retaining green card while in Canada; Starting my company, violation of status; I-140 revocation; Unused H-1B for quota exemption; H1B to H4 COS without latest Paystubs; EAD renewal separated from spouse; H-4 EAD approved in error; Effect of salary reduction; H-1 transfer, OPT travel; Visa Waiver apply for AOS; Retaining priority date; Visa stamping for H-1B amendment; Arrest without conviction; Reentry permit, etc.
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.
1. I am a Canadian physician on an H-1B (never been on J-1) which expires June 30th, 2017. I am currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer.
For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct?<br>
2. In your experience, is 1 year enough time to complete the EB-2 process?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?
See clip from Attorney Rajiv S.
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.
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card
documents from USCIS without knowing my employer?
Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.
Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.
USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
FAQ's Updated on 21 September 2015
FAQ's Updated on 21 September 2015
FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions;
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.
I have my old Priority date as Dec 2009 in EB-3 and when I changed the company they filed the Labor and I-140 in EB-2 and my old Priority date is not ported on my new I-140 and I see the new I-140 in EB-2 with the Priority Date as Jan 2013. Now with the revised USCIS VISA Bulletin can I apply my I-485 with old PD ( EB-3) and simultaneously to be safer side can I apply I-485 from my wife's side and her PD is July 2010.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/OMuYdzLJ2qQ?t=1436
FAQ Transcript:
Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.
This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).
Thanks to Rajiv and his team for their excellent work. I applied for GC in EB2, non RIR, in Nov'1999 and got the stamping in passport in Nov'2001. The team is very experienced and knowledgeable. They are prompt in filing all documents with DOL and INS in all the stages of processing. Rajiv and his team is very prompt in replying to all my email queries. I strongly recommend Rajiv for your GC processing.