Recording Available, September 17, Community Conference Call with Attorney Rajiv S. Khanna

[MYNA2007]

I got my I-140 approved with employer A. I am still with him. My priority date is Jan 2012. Per my understanding I get to retain my priority date for my lifetime.

If I switch to employer B and if he delays PERM/I-140 filing or even if he files, during the process, if the EAD for I-140 rule kicks in, will I be eligible for EAD based on my approved I-140 with employer A, while still working for employer B?
Do I have to working for the same employer A that got my PERM / I-140 approved? Is it possible to switch back to employer A just for the EAD, assuming they take me back?

 

[Antariksh Singh]

Question Regarding H4 after F1 Denial

I am currently staying in USA (Hold GC) and my brother also staying in USA is also a permanent resident. My sister was denied Visitor visa twice and once F1 (while I and my brother were on H1B) on the grounds of not having enough evidence to return to India.

She is now planning to get married to a person currently working on H1B in USA. Are there chances of her getting rejected again for H4 dependent visa? Is there a risk and how can it be handled?

 

[raghu2082]

Dear Rajiv,

I am currently on H1B Visa and have EAD based on EB2 India Priority date of Dec 2009.
My Perm application is filed under : Software Engineer designation.

I will likely have a 2 month internship from another firm in the next summer in 2016. If i still dont get my green card by then, can I use my EAD to complete the 2 month internship in a "Management Consultant role" - not an IT position.

After the internship I plan to join my employer again and continue in my GC job role. Is this possible?

Are there issues down the lane with this approach for my GC processing with my original employer or during naturalization?

 

[Mira99]

Hello Rajeevji,

What is new
Immigration/EAD rule ? can you please explain to us, how it will work ?

http://www.immigration.com/blogs/form-i-485/october-2015-visa-bulletin-confusion

New System is Not Perfect, but Still a Major Improvement


It is important to understand that the ability to file an I-485 earlier in the immigration process will not actually lead to the applicant being granted status as a lawful permanent resident status (i.e. being issued a green card) more quickly. But, based on a pending I-485, one may also apply for corresponding benefits, such as an employment authorization document (EAD). Unlike the I-485, the EAD application may be adjudicated by the USCIS upon filing. Moreover, this new visa bulletin system primarily will benefit those applying under the employment-based categories, and, 180 days after filing an I-485, such applicants generally will become eligible to use the portability provisions provided under the American Competitiveness in the Twenty-First Century Act (AC21).


Still, while this change should substantially reduce wait times for many waiting to apply for adjustment of status, a great many people - especially those born in India or China - will still have to wait years before becoming eligible to file. Clearly, there is more work that needs to be done to improve the system. But, at least this visa bulletin change should shorten this wait, to a degree.

Thanks in advance

 

[Rajesh Mohan]

My company is not approving my EAD filing, can I file EAD by my self ? or only my company attorney can file it.

My I-140 is approved and priority date is current

 

[Mona9999]

My spouse is on H1-B visa with company A and I am on H1-B visa with company B and my I-140 is approved and when I will file my I-485 and EAD then

1. Can I add my spouse also in my I-485 and EAD ? as she is not dependent on me.

2. What all things I need to do to include her in my green card.

 

[Rajesh Mohan]

My company is not approving my EAD/I-485 filing, can I file EAD/I-485 by my self ? or only my company attorney can file it.

My I-140 is approved and priority date is current

 

[Immiravs]

Apologies for the deails but my case history has been very very complex. I sincerely appreicate your time and invaluable suggestions.

1. Worked with an employer A full time from July 2007 to Apr 29 2011 (lay off due to company finances) and have an approved I-140 with Sep 27, 2010 PD.
2. Joined employer B, body shopping company of 25 employees, immediately on May 16th 2011 based on 140 from employer A and started working for Client X, a multinational Big 4 consulting firm
3. Went to India in Feb 2012 on a family emergency and visa was denied under 221 g but continued working for the employer B Indian branch and for the same client X project in anticipation of USCIS reaffirmation and visa approval.
4. Mean while employer B filed for PERM and 140 (with PD porting) in consular processing as I was in India and later approved.
5. May 2013, the project with client X in India was over and there was no update on the visa approval. I had to move on and joined another division in multinational company X in India (same company). The Company X filed for my H1 transfer as I still had 1 year left on 6-year limit but didn't use the I-140 as per the standard practice.
6. In Aug 2013 - My pending H1B from employer B visa was stamped after 16 months but my wife had a baby the same month.At the same time, USCIS petition review status had no updates despite various requests so couldn't travel solely based on the visa stamping
7. In January 2014 - travelled to US through Company X on project work and to settle my personal debts in US due to abrupt travel to India.
8. February 2014 - 2 months before H1B expiry, USCIS issues intent to revoke the H1B petition.
9. October 2014 - Company X H1 was renewed for next 3 years using the I-140 from Company B.
10. October 2014 - Company X started my PERM in EB2
11. Jun 2015 - Company X PERM Filed and decision pending as of today
12. Aug 2015 - My wife H4 EAD approved

I truly appreciate if you can clarify the following
1. Per October 15 visa bulletin allows 485 filings for the priority date on or before July 11, 2011. I’ve been hearing that the PD may progress or retrogress in the upcoming months. Is this accurate?
2. Can Company X file for my 485 based on Company B I-140?
3.My previous employer is willing to process my I-485 and I'm willing to join them in the future. Given the USCIS H1 revocation background, what are the chances green card will be through?. When should I join them and how long should continue with them?
4. I don't want to miss the opportunity for 485 filing this October 15 even though Company X PERM is pending and another opportunity may be years later. Is it an option to file i-485 with employer B and assuming the decision will take about 3-5 months and by that time company X PERM will be through, is it possible to withdraw the 485 from employer B and file with employer X.
5. My wife has H4-EAD till Sep 2017. Is it an option for me to just file for my EAD and file for my wife and 2year old dependent EADs later given they already has H4-EAD & H4 status until Sep-2017. Will dependent EAD's be subject to PD being current?
6. One last question :: What happens to the I-140 after PD porting. If not revoked, is it an option to file for 485 through multile employers even though one of them ported the Priority date?

Big Thank YOU!

 

[Pravin Z]

Hi Rajiv,

Tx much for hosting this call...hope you & colleagues are well.

My I-140 is approved with Employer#1: EB2-India, 27-Aug-2010.
Since then, I have changed jobs to Employer#2.

Two questions:
1. Is it advisable to proceed with filing I-485 under Employer#1, if nothing injures my indefinite intent to return to and work at the advertised job at Employer#1?
2. Is it now possible to resume green-card process at employer#2 without restarting from scratch?
[Per President Obama’s “Executive Actions on Immigration” – ‘4. Modernize, improve and clarify immigrant and nonimmigrant visa programs to grow our economy and create jobs’]

Thank you very much.

Best regards,
Pravin

 

[ksanil23]

I have my EB3 140 pending approval for more than 9 months now (I-485 is not yet filed) from employer A. I would like to change to employer B. Employer B will process my Green Card under EB2 category as I have completed my Masters in 2014 and gained more experience.
My question is:
Can I retain the Priority Date from my pending 140 (filed by Employer A) once it is approved, when employer B files my new 140 under EB2 category? Please note I am changing my employer before 140 filed by current employer is approved and 485 has not been filed yet.

 

[bablu12]

Dear Rajiv ji,

Thanks for this excellent community service. My question is regarding H-1B and planning for further studies (MBA from top school). I am currently in the beginning of the fourth year of my H-1B. There is some talk about my EB2 sponsorship but the company is really slow and the PERM process may take more than a year. I would like to know what would happen if I start my MBA in fall-2016 (on F1 status) and finish in 2018.
I have already used up my OPT previously at the MS level. More importantly, my six-year "lottery-free" period will end in Sept. 2018. Could I go on H-1B job right after finishing my MBA in 2018 without entering the lottery again (just few months before Sept.2018)? If yes, how much time will the new company have to apply for my PERM and green card?

Also, how the above situation will change if I start MBA in fall of 2017 instead of 2016?

Thanks!

 

[prasad121]

Thanks Rajiv

My PD is July 14 th 2011 as per the new OCT visa buliton the dates move to JULY 1.. will there be any forward moment in PD in coming months.. and also My is on H1b too and her PD is DEC 14 2011 once I apply I485 with my wife details.. what her status will be and is she still need to work with her employer and what will happen to her PD..and once I get the EAD how soon I can travel to INDIA.. and how much time it will take to get the EAD once we apply.

Thank you

 

[Shankar Somasekhar]

Dear Rajiv Ji,

My friend was working with Company A in India and they filed his H1-B petition. His I-797B approved petition was valid till 07/24/2015. Company A was not sending him onsite, hence he found Company B who got a new I-797B petition approved till 12/28/2017 and he arrived in US in May 2015. Here are his questions

Q1: I-797B petition clearly indicates "Petition approval does not authorize employment or training". With approved I-797B and a valid I-94, Can he legally work in USA and receive paystubs?
Q2: Can he legally stay in US with a valid petition I-797B without VISA stamping of company B and try to find a job till his I-94 expiry (12/28/2017)?
Q3: What are his options to obtain a valid work permit which will allow legal employment in a US company since he is on bench from past 4 months?
Q4: Is his current stay legal in US? Does he have to go back to India and get the stamping on Company B and re-enter? What are the options to get a valid work permit without going back to home country?

With regards,
Shankar

 

[Shruthi N]

Dear Rajivji,

My Employer is filing for my H1B Renewal next month.
I am working in Employer-Client model. My Employer is Open Systems and I am directly working at the End Client location (Warren, New Jersey) through my employer Open Systems.
In 6 months (Around March 2016), I will be moving from Warren, NJ location to NYC downtown, NY location for the same End client. My project that I am working on at my End client location will be moving from Warren, NJ location to NYC downtown, NY location.
Both Warren, NJ and NYC Downtown, NY are within the same MSA (Metropolitan Statistical Area).
My Role and Responsibilities, Project reporting hierarchy everything will be remaining the same. Just the End Client location will be changing in 6 months.

In this scenario, Can you let me know if both the End Client locations (Warren, NJ location and NYC downtown, NY location) need to be included in both the LCA and H1B I-129 or just Warren, NJ location be included while my employer files for my H1B Renewal next month as Warren,NJ is my current End Client Location.
I just want to make sure if and when a USCIS representative comes in for a FDNS Site visit, I will not have any issues.

Thanks so much for your help as always!!

 

[Shobit Joshi]

Hi Rajiv ji,

Thank you for your support. Following are my questions.
1) My wife's passport (india) has expired. If she applies for H1B to H4 visa transfer will it be rejected because of expired passport ? followup question -> On her passport she doesn't have my last name. Would that be a problem on H4 visa transfer? We have a marriage certificate issued in USA. Will that be proof enough. I don't have a indian marriage certificate.
2) My wife when she changed jobs took a 3 day leave and joined the new job on Monday. So there is a gap of 5 days(Including weekend) where she wasn't working for an employer. Would that be an issue for employment based green card?
3) Also if H1B is initially filed for job category ->"Financial Analyst" and if we want to change jobs to "Software Developer, Application" what would be the added request/amend that needs to be taken care of while filing H1B transfer?
4) If I join a job with description of 1 year experience and Bachelors, but I have Masters can we file for GC under EB2 or is it going to be EB3?

Thanks,
Shobit J

 

[Prachu]

Dear Rajiv,

First of all I would like to thank you for helping community...!

I am working on L1A visa with company A. Company confirmed me an year back that they will file for my GC but now they are not ready to file my GC. I have been in L1A visa since I entered in USA and currently I am in 7th year. I am helpless now as my kids wanted to continue in US but they born in India. I am not sure what are the options available to continue in US as I am in L1A visa.

Is it possible to apply H1B in the upcoming April 2016 cycle?
Do I need to go out of the country before April 1 2016 to apply H1B and then wait for an year outside US before I come to US in H1B?
Can I apply H1B in April 2016 and leave country in June 2016 and then wait for an year outside US before I come to US in H1B??
Am I eligible to apply H1B only if I wait for an year? If so, can I apply H1B in April 2017 cycle if I leave country by June 2016?

Is there any option available?

Thank you.

 

[Skanda]

Rajivji,

I speak for many fellow employees who are in same boat, and facing another hardship even after partial reform. I have been with my employer for 5 years, in October bulletin finally my date became current. My employer is deliberately delaying the filing of I-485 on one pretext or another. I don't have I-140 approval notice, but using FOIA I got Form I-140 petition(with approval stamped) filed by employer. I have employment letter from last month which provides designation, salary and date of starting.

Can you please advise is there any way to file on my own with above information? Do employees have any options for redressal, as employers don't seem to have any incentive to file?

Thank you.

 

[aapdesai]

Hello Rajivji,

As per Oct-15 VISA bulletin, I am eligible to file 485 and currently preparing supporting documents for the same.

1> Do they accept dual language English/Marathi (written in both languages) birth and marriage certificates? Or I need to get affidavit?
2> I have planned India visit for 6 weeks from Nov-15 end. Both me and my wife hold valid stamped H1B visa. Can we travel or it will be issue?
3> I am applying for my wife as dependant along with me. However, she also has her own EB2 140 approved with PD Mar-2012. Will there be any issue? What should we do if her date also becomes current in next few months? At that time is it safe for her to apply for 485 and show me dependent on her case?

Thanks

 

[prasad121]

Thanks Rajiv

My PD is July 14 th 2011 as per the new OCT visa buliton the dates move to JULY 1.. will there be any forward moment in PD in coming months or they will back the dated to year again.. and also My WIFE is on H1b too and her PD is DEC 14 2011 once I apply I485 with my wife details.. what her status will be and is she still need to work with her employer and what will happen to her PD..and once I get the EAD how soon I can travel to INDIA.. and how much time it will take to get the EAD once we apply.

Thank you

 

[shariq18]

Hi Rajiv:
I have a question re the secondary beneficiary of a family based green petition (Category F4). My aunt is a beneficiary of a family based green card petition that was filed on her husband's behalf back in 2013. The question is, now she wants apply for visit visa so does she need to mention anything about this petition or its not required as she is not the main beneficiary. please let me know so we can fill the form accordingly.
thanks