April 30, Community Conference Call with Attorney Rajiv S. Khanna, Recording Available

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Hi Rajeev ,

I have a valid h1b with I--140 approved , my to be wife was born in Colombia , she is currently in USA on a B2 visa . We plan to use chargeability to apply for GC , As per your advise on the call earlier she will be going back to Colombia , We will get married there .

My Question is does she needs to apply for H4 visa or can she just stay in Colombia and come only when her GC is approved. So , Can I apply for cross chargeability when wife is not present in USA.

In case she needs to be in USA , does the marriage for chargebilty needs to be Bona-fide ,Since my parents are not agreeing to this marriage we wont get their blessing . Her Parents are fine. So , in case she comes to USA I can have :

-Wedding Photos in Columbia.
-Joint Bank Account
-She will be added to my health insurance
-Same address.

Is this sufficient ?
FAQ: H-4 EAD Expediting Possible?
Sub: regarding expediting H4-EAD processing

Dear Mr. Khanna, thanks for hosting community calls, they offer a great help.
now to my question, My wife is eligible for H4 EAD, I know there is no formal way for expediting the process but I've seen a clause in F-1 (OPT) EAD process called "financial loss" and if you've got a job and submit the offer letter while you're waiting for an EAD to get approved, they process your case faster and you get the EAD much sooner than expected.

does this rule apply for H4-EAD as well ? if yes, is it advisable to submit the offer letter along with the application or it should be done after you get the application receipt ?

Thanks again.
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Hi Rajiv,

My question is related to job change on H1B, few days before completion of five years.

I am working on H1B visa with employer A. My six years on H1B will complete in Oct 2016. My current employer A has filed for PERM on Mar-30-2015.
I want to do a job change, when is the best time to do so. Should I wait for my PERM and I-140 to be approved, and then switch the job as I am approaching towards the six years.
OR Should I just change right now and ask the new employer to restart the PERM process from the beginning. Will this be risky?

Please suggest.

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Staff member
From ArjunG
Marriage after getting GC
my PD is june 28, 2008 and got my EAD/AP in last year september 2014.
I got a letter from USCIS last week asking for new medical exam and employee= letter.
Once I get my GC (which might happen by this yea), it would be challenging to marry a girl from India.
Because, it can take more than 2 years for get GC for my wife under F2A (current PD 01SEP13). Only US citizens can get a spouse visa.
Currently I am actively in search of a life partner.
If the life partner is based in US (either in H1 or GC), I should be OK.
What should be my strategy to have the option of choosing my wife from India too.
Should I delay my GC, by not sending new medical exam and employment letter.
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