Discussion Topics, Thursday, September 02, 2021
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
Discussion Topics, Thursday, September 30, 2021:
FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.
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
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. 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 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
Discussion Topics:
We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.
I contacted immigration.com., and got an email back the next day, and phone consult set up with Rajiv Khanna two days later. He was extremely helpful, explaining to me the weaknesses and opportunities of my case, and actually gave me some reference point to talk to my employer. I am grateful to Rajiv and his staff for their assistance, and would wholeheartedly recommend them to anyone looking for quality legal opinion on their immigration cases.
Hi i am from Greece i had a telephone conversation with Mr Khanna about EB1 and EB2 and NIW he was very helpful explaining to me that applications for the above are quite difficult for sb that has only a masters degree hence under his guidance i decided to do an MBA and later with his help to get H1B and apply for the green card. thanks , sotiris
What happens if your H-1 expires before the PERM audit is cleared by DOL. Are we supposed to leave country. I have 20 months of H-1 life left to reach 6 years and my LABOR is in AUDIT status I am just wondering if I get an extension or will I be checked out of USA.
While a PERM audit or even an appeal against a denial after the audit is pending, you would still be entitled to H-1 extensions beyond six years.
Hi All, Rajiv has been a great help to me in understanding the H-1B/Green process as well as answering all my queries at NO CHARGE when I am not even an existing client of Rajiv. I am going to do all my future visa processing through his firm. He has tremendous experience and has all the knowledge about Immigration Law. I will recommend Rajiv to all to take up his services and work with him. Tarak
For an employment-based green card application in the EB2 category, my employer has said that they would be willing to make the application if I am willing to pay for it. Can the employee bear the total cost of the entire process -- including attorney's processing fees, filing fees for all stages, advertising fees, EAD, advance parole fees -- from start to final stamping?
The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).
I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12,
1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?
2.Can the current company (A) withdraw my application in such a way that I loose my priority date?
1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.
2. No.
Mr. Khanna has sound judgement and deep knowlege about US Immigration laws. He gave me an honest and straightforward answer everytime I've had a complex situation in the past ten years on a range of issues from F1 to H1 to GC. The staff at Mr. Khanna's office is awesome too. They are very efficient and have good templates for most forms.
The U.S. Department of State's Immigrant Visa Control and Reporting Division, has confirmed a dramatic reduction in the use of EB-1 immigrant visa numbers and the resulting favorable effect on the EB-2 category for immigrant visas chargeable to India.
DOS advised that demand for visa numbers in the EB1 category has declined significantly. Thus, approximately 12,000 unused EB1 numbers will be available to shift downward to the EB2 category, starting in May 2011.
I am currently on H1B and have I-140 approved on EB-3 with a PD of Oct 06. I have overall 9 years of experience, which includes 4.5 years outside current employer. However, I had resigned my current employer an year ago and worked for a different company for an year and then joined back my current employer in Aug 2010. Since I haven't been continuously employed with current employer, I am wondering if ALL years prior to Aug 2010 can be considered for EB2 qualification.
Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.
I appreciate Mr. Rajiv Khanna & his team for their honest & sincere effort to handle my GC case. Before I came to know about Mr. Khanna I worked with several other immigration lawyers. Converting my status from F1 to H1 to GC was a long & complicated process & sometimes was quite frustrating. When Mr. Khanna & his team started handling my case, immediately I realized that he could handle my situation better than any other lawyers I met before. Sound knowledge, great team, honesty & excellent customer support are the strong points of his team. It was always easy to communicate & work with his team. I will always strongly recommend his name to everyone who needs help about immigration.
I have BSC from India + 2 years diploma in NIIT (In H1 and L1 they considered my diploma as a master degree ..I guess) in India and 10 years of experience. Can I apply GC in EB2 category?
Diplomas are unpredictable. I think EB-2 is doubtful.
The U.S. Consulate in Mumbai, India erroneously reported that India EB-2 is current for February 2011. Please note that is FALSE. India EB-2 is backed up to May 2006.
http://mumbai.usconsulate.gov/cut_off_dates.html
According to the February 2011 Visa Bulletin EB-2 India shows a priority date of May 8, 2006.
Click here for the visa bulletin.
I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?
It is possible, but the green card will have to be started again from PERM.
I completed my master’s degree last summer and started working with a company from 2 months.
I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?
This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.
I've been working for the company that is sponsoring my green card for the past 2.5 years and some of the experiences/skills required in the Job Description were acquired working with this company. Is it valid to include those skills on the Job Description? Should I have acquired those skills before?
It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.
My Wife and I received our GC on Feb 2010. Mr. Khanna law firm helped me to change from EB-3 to EB-2. The law firm team is outstanding, very helpful, expertise, hard working (I really surprised when i received calls even on holidays) and exceeded my expectations. I especially want to thank Mathew, Bharathi, and Prerna for their professionalism, ethics, courtesy, and prompt responses. Me and my wife truly appreciates and very grateful for Rajiv and his staff. Thanks & Regards, Renganathan