Recording Available, February 11, 2016 Community Conference Call with Attorney Rajiv S. Khanna

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FAQ: Effect of change in project on EB-1C (International Managers/Executives) green card
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Hello Rajiv ji,

My employer filed EB1C 140 for me in 2015 (based on the fact that I have been working in multination manager capacity) and now my Project may change, at this moment I don't know about the location but that my change as well however, I'll still be employed with the same employer.

My 140 is still pending and hasn't been approved yet. Also, I recently submitted my 485/765 which is Pending too.

But as EB1 doesn't require PERM which I understand is project/location specific, so even with my project or location change will it be required for my employer to resubmit the 140 with USCIS or there will be no impact to the ongoing process ?

Typically how soon are 140 adjudicated by Texas service center ?
 
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Hello Rajiv,

Information - I am working with Company A since 2007 and they have filed my GC in Eb2 category. My priority date is Sept 2009. I am currently still on H1-B and have received my EAD as well. Although I have received my EAD I am not using it as my company kept my H1-B alive.
In 2014 I had received an RFE requesting employment confirmation and medical and I had responded to that RFE. USICS has not taken any action on it and the RFE is still open (may be because the dates retrogressed).

My questions to you -
1. Can I change jobs now esp. with my RFE still open with USICS ? Should I change jobs via H1-B or EAD ?
2. Do I need a job which has a "same" or "similar" job description? As my PERM job description states that I am a Developer but over a period of time I have moved to management roles.

Thank you!
Nam
 
Hello Rajiv,
Back in Feb 2001, I was granted a Marriage Based Permanent Resident card. Due to some unfortunate situation, I had to move out of our marital home, June 2002.
In 2003, I submitted an I-751 for Removal of Condition. Since we were separated, but marriage was not dissolved, I singly signed the 751 petition, and included ample evidence of our married life (photographs, bank statements, notarized statements, Health Insurance papers etc)
A few months later, upon the finalization of my divorce, as additional evidence in support of my 751 Removal of Condition application, I mailed the divorce papers, including a paternity test conducted by the local Child Support Enforcement Agency, stating that I was not the father of the child born in the marriage.
Since then, I moved residences, and been remarried to a US-born citizen for over 10 years now, been employed and and jointly filing taxes etc.
For some reason or other, I never followed up on the status of my 751
Recently, I realized my status, and started followups with INS. I visited the local INS Field office, and was told that my initial petition was denied in 2004, and that I would need to file a I485, I130, 765, 131 etc, for a new Marriage based Permanent Resident status, sponsored by my current wife.
I was wondering if that is my only option, or whether the initial denial can be appealed and my original Permanent Resident Status rejuvenated.

Thanks and Regards.
 
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Hello Rajiv Sir,

I am currently on L1B Visa. I came to US in March 2011 and will be returning next month, Mar 2016 after completing my 5 years stay on L1B.
My company is going to file H1B for me this year (1st Apr 2016) from India and if it passes lottery and gets approved, I am planning to travel back to US
in Mar/Apr 2017 after completing my 365 days outside US.

Q1: My first question is, will my 5 years of stay in US get reset and I can work on H1B for fresh 6 years (Apr 2017 - Apr 2023), since I stayed outside US for more than 365 days?
Q2: Or should my company file H1B for me only after 1 year, i.e. 1st Apr 2017 and I should travel Oct 2017 to make me eligible for fresh 6 years on H1B?

From both questions above, just wanted to find whether its the H1B filing date (1st Apr 2016) that matters or my actual travel date to US that matters,
to calculate my eligibilty to get fresh 6 year H1B? Thanks for you help !!
 
Hello Rajiv Ji,


I am in US on H1 B Visa with approved I140.My wife is working on her own H1 B VISA. My wife wants to change status to H4 and then apply for H4 EAD. Couple questions we have in this regards:


1) If from US , while sticking to current job , she apply for COS to H4 and H4 EAD(both together) then roughly how much time window these both will take? Will H4 approval comes first and then EAD will be granted ?I read somewhere people getting H4 approval and H4 EAD together.

· When should she resign from current employer? Should it be when she get the receipt from USCIS OR once she gets her H4 approval ? Rationale behind this confusion is the 2 week notice period she has to give after resigning.


2) Can she travel to India on her current valid H1 B for short vacation and get H4 VISA stamped ? Do you see any issue here, converting H1 B to H4 ? Upon reaching US on H4 she can then apply for H4 EAD – in this case how much approx. time window you anticipate and is it advisable to follow this route?

· If she successfully change status from H1 B to H4( with H4 EAD) then also H1 B is not cancelled and she can still use it in future , if needed as she still has 4 more years left for this H1 B? Is it correct statement?



Thanks for the assistance.
 
Hello Mr. Khanna,

I did my Masters in the US and currently working in the US. I had filled for my H1B since 2014. My packet was not selected in the lottery, then my company filed an H3 visa for me in the month of November after my OPT extension expired so that I can get one more chance this year for H1. Now currently I am on H3 visa and my company is filling my H1B. My H3 visa expires on May 9th, and to avoid any issues after May 9 th, I applied for college so that I can get back to F1 and work on CPT. My company does not allow working on CPT so I have to leave my company and look for another employer.

My question to you is that is it ok to transfer my H3 visa to F1 visa for college before my company files for my H1B or shall I wait until April till the documents are received by USCIS and then I transfer my H3 visa to F1.
 
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