AC21 AOS Portability

EAD and H-1 Conversions for Derivatives

I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days. I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010. I intend to remain on H1 itself and have no intentions of using my EAD. Can you please clarify these questions.

Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.

Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.

 

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Gap in Employment during AOS

My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:

Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.

Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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AOS Denial – Consequences for H-1

Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Guestbook Entry for Satish , United States

Name: 
Satish
State: 
Maryland
Country: 
United States
Comment: 

It has been a great morale boost and also professional confidence when I contacted Rajiv khanna's office for providing the professional support for AC21 case.

The documentation and support from Mathew Chako was really good and it was clear and precise to the point.

Also at the time of interview, Rajiv provided good support without any additional economic consideration. It was really nice to have a person next to you at that time of interview process.

Really I am hats off for Rajiv Khanna's team......

Guestbook Entry for Anna , United States

Name: 
Anna
State: 
NC
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United States
Comment: 

I got my GC approved (AC 21 case) last week. Mr. Rajiv Khanna and His team represented me through this long process. They were very helpful with their advice, suggestions and timely filings. I would really recommend anyone to use this firm to represent you and you will definitely have peace of mind.

Guestbook Entry for KR , United States

Name: 
KR
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PA
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United States
Comment: 

I have had several years of experience dealing with incompetent and certainly less informed immigration lawyers than myself. Changing to Mr. Khanna's office was probably one of most sensible things I've done. He and his staff are well informed, knowledgeable, respond very promptly to questions and provided me with a level of service that I would expect from an expert in the field of immigration law.

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Nagarjuna Rao Chakka
State: 
NJ
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Comment: 

The office has given the good support on completing the case till the end of the approval. They have done very good job in applying the AC-21 rule to our case and it worked well. Thank you very much for all the support

Substantial transcription for video: 

Discussion Topics, Thursday, 20 June 2019:

FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.

Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.

Substantial transcription for video: 

Discussion Topics, Thursday, 24 January 2019:

FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||

Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?

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