AC21 AOS Portability

Substantial transcription for video: 

Discussion Topics, Thursday 8 March 2018:

FAQ: Change of status to student F-1 while green card is in process || H-4 EAD termination and converting to H-1B ||If H-1B transfer is denied, can go back to my old employer? || When does AC21 job portability begin? || Can H-1B be extended through a new employer while the I-140 is in process? || Which jobs can qualify for an H-1B visa? || EB-1C for functional managers - overseas team inclusion || The 180 rule for priority dates/H-1B extension || Leave without pay for H-1B / Status

Other: When is an H-1B amendment required? || Errors in H-1B, amendment || L-1A working in multiple countries || Extensions of OPT when there are accreditation issues with college || I-140 approved changing jobs; no pay stubs applying for H-1B || Status of H-4 if H-1 is rejected || H-1B transfer issues where old H-1 revoked || Concurrent H-1B || Duration of H-1B based upon project duration varying through different vendors in the chain of contracts ||

AC-21 Job Portability, Changing Jobs Before 180 Days

Have an I140 approved with a priority date of Oct 2009 under the EB3 category and worked for the same employer for over 10 years from 2007 - 2017 I filed for my AOS in December 2017 using Cross Changeability since my spouse is born in Malaysia I left my employer after 2 weeks of filing the AOS for a better opportunity in terms of Compensation I used my approved I140 to get three years of H1b extension. My new job and position are in the same category and my new employer is ready to provide Supplement J if needed It has been almost two months since the filing and have received all the receipt notices and have also done the fingerprinting and haven't received any RFE Yet. Do you foresee any issues arising in near future and jeopardizing the application because I left my employer before 180 days of AOS pendency?

Watch the Video on this FAQ: AC 21 job portability, changing jobs before 180 days

Video Transcript

I do not see any issue other than the time issue so if you are able to have the I-485 pending for 180 days you are good. More...

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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Substantial transcription for video: 

Discussion Topics, Thursday 8 February 2018:

FAQ: H-1B or other status denied - what is my status?|| Can I get H4 visa stamping while the H1 to H4 change of status is still pending? ||AC 21 job portability, changing jobs before 180 days || AC 21 job portability, changing jobs before 180 days || National interest waiver (NIW) filing when priority date is not current || Other: Fixing I 20 problems ||L-1A amendment issues ||changing from H-1B to F1 ||Reentry permit and N-470 || multiple H-1B filings for the lottery/quota ||returning back to old H-1B employer if H-1B transfer is denied ||Impact of terminated deportation proceedings, logistics ||impact of revocation of I 140, EB-1C filing || Entering the United States on H-1B without a job || Client address change, DS160 filing || H-4 EAD and H-1 questions

Change in Job Title after Getting a Green Card Approval

Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?

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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AC21 Green Card Portability For A Lateral Move From Developer To Analyst

I am currently working on a GC-EAD. The I-140 was approved for title "application developer (oracle financials)" soc code 15-15051. I would like to make a lateral career change from developer to functional analyst. It will involve the same ERP software, I have picked up the skills to perform the new role while performing the previous job i.e it will be a lateral move (There are skills overlap between the two roles). Do you see any issues with doing this?

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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Porting Green Card To A Self-Owned Company Under AC21 Portability

I am considering working contract jobs while employed by a self-owned company. I am on GC-Ead (pending AOS). Considering the mandatory filing of supplement J forms in case of job change. Is there potential for rejection? Considering that it will be a brand new company and no turnover at the time of filing supplement J.

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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Substantial transcription for video: 

Discussion Topics

FAQ: When does one become H-1B cap exempt? || Filing EB-1C, International Managers or Executives green card || Erroneously given longer duration on H-1B than eligible || Porting green card to a self owned company under AC21 portability || AC21 green card portability for a lateral move from developer to analyst || Revocation of H-4 EAD rules || H-1B RFE for specialty occupation || TN applying for green card ||

Other: I-94 through new company H-1B || Issues related to H-1B transfer, not joining an employer, etc. || Changing for H-1B to H-4 EAD and back to H-1B || Denial of I-751 to remove conditional status’; NTA issued || Green card AOS/I-485 interviews for employment based applicants || Background checks for visa stamping || I-824 processing times for obtaining duplicate approval notice || Refund of premium processing fee || Getting F-1 visa from a consulate while family-based green card is pending || Effect on green card application of change in job duties/salary|| Traveling after green card approval, etc.

Pros and Cons of Adjustment of Status and Consular Processing for Green Card

My H1B (6 years) was from 10/1/2004 - 9/30/2010 from 5 different companies. Company A - PD(EB3) - Jun 19, 2007, I-140 applied on July 9, 2007, I-485 filed July 17, 2007 - got laid off Oct 31, 2008. - I-140 approved on Dec 29, 2008. Moved to Canada in July 2012 and became Canadian Citizen in Apr 2017. I have been keeping Advance Parole active by visiting the USA every year. Now I want to add my family in Canada(wife(Indian Citizen with USA visitors visa) and kid(Canadian Citizen)). Do you recommend AOS for myself and Consular Processing for my family?

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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I-485 Applicant Holding Multiple Jobs On EAD

1. In respect to the above, Case: I-485 pending since 4 years. Did not renew H1B as using EAD/AP. Can a primary applicant on Green card have multiple jobs on EAD ? More than one W2's simultaneous.
Employer A (original) - Filed Green Card
Employer B (temporary) - New Employer
Work for both Employer A & Employer B.
2. Is it important to have a continued pay stub from Employer A (original company)? Can I work for Employer B for few months and then work back for Employer A? Will there be any problem during final Adjudication?

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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Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?

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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