Advance Parole

Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

March 4, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Calls

Citizenship and Naturalization

Citizenship

Nonimmigrant Visas

Immigration Law

Covid - Coronavirus

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 04 March 2021:

FAQ's: How to deal with H-1B employer paying salary less than required || Green Card Renewal - Do I have to be employed in a similar job?

Other Topics: Downgrading from EB-2 to EB-3: Interview process, job responsibility, wages and period of time to change jobs || | If approved EB-1C and GC (consular processing): Impact of delay to move to the US || AOS versus NVC processing for family members in different status || Upgrading to premium processing, while service correction to I-140 pending/options if, spouse moves to EB-3 || Documents required for parents GC || Spouses changing from EB-2 to EB-3 with a new law firm and service center || Maintaining status || Impact of H-4 EAD expiring on spouses || Time estimate for pending asylum review || Impact of moving to a new office branch with AOS pending || Parent on I-140: Impact on 19-year-old son and CSPA || Green Card through Brother or Sister

Feb 18, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Substantial transcription for video

Topics: H-1B holder owning illegal stocks || B-2 visa extensions or alternatives in domestic abuse situations facing parent in home country || Merger effect on priority dates if EB-2 to EB-3 downgrade rejection and H-1 transfer || H-4 to F-1 change of status and aging out || Different I-94 expiration date on I-797A || I-485 downgrading from EB-2 to EB-3 || EAD-AC21-Self Porting || Name variation issue for immigration and Instructions for the 2021 Diversity immigrant visa program || Issues when priority date for EB-2 is getting closer to cut off || Plans after PD becomes current and responding to RFE based on EB-2 India I-485 adjustment of status || Questions regarding L-1A visa extension or renewal expiration while GC pending || EAD and AP Renewal under Category (c)(9) - Receipt notice delays || I-140, EB-2 NIW visa approved: Estimate time taken for an interview

I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

3 years ago By Chief Editor

Question details

I have filed for I-485,EAD,AP along with EB2 to EB3 I-140 downgrade in October 2020. Got the receipt notices.
1)After 6 months of I-140 approval & I-485 pending with USCIS. Once if I switch job to new employer and use my EAD,AP. Should I have to ever come back to my employer (who sponsored my green card)before I receive green card or after I receive green card for any duration of time anytime?
2)What happens if I stay unemployed after using EAD for some days before I receive the green card? Is my I-485 automatically denied?
3)Is it possible for me to go back to EB2 line with same employer if I start using EAD and AP based on EB3 downgrade I receive?
4)Is it possible to start a company on my own using my EAD and work for my own company till I receive green card? If yes, then say I am working project to project basis consulting do I need to file any other documentation?
5)Why do people maintain H1B status even after getting EAD. Only risk I understand is I-485 denial. But if everything is clean and clear with respect to I-485 why do candidate needs to keep maintaining H1-B visa.
6)What are the risks for EAD and AP renewal. Does the candidate need to prove anything related to job/salary etc any time for renewing EAD and AP each time till I get green card.

Watch the Video on this FAQ: I-485 AOS filed - Maintaining H-1B status after getting EAD/Changing jobs after I-485/Being unemployed/Start own business, etc. (Filed for I-485, EAD, AP along with EB-2 to EB-3 I-140 downgrade)

FAQ Transcript

Video Transcript

1. The answer is no. But if you want to you could.

2. AC21 protects you from these layoff periods and periods between changing jobs.

3. No problem.

4. Try to not open with your own company. But if you have to and you're stuck in a situation, talk to a lawyer.

5. If the I-485 gets into a difficult situation having an H-1B is a good safety device.

6.You don't have to prove job salary to get these renewals. FAQ in detail...

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Eligibility for and the process of EB-3 to EB-2 Porting

3 years ago By Chief Editor

Question details

Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?

Watch the Video on this FAQ: Eligibility for and the process of EB-3 to EB-2 Porting

Video Transcript

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

USCIS Extends Transitional Parole for Certain Aliens Present in the Commonwealth of the Northern Mariana Islands

3 years ago By Chief Editor

USCIS announced that it will automatically extend parole, and employment authorization if applicable, for certain aliens present in the Commonwealth of the Northern Mariana Islands (CNMI). This specific extension of parole will apply only to current parolees whose parole status will expire on June 29, 2020.

Effect of immigration proclamation/executive order on green cards

3 years ago By Chief Editor

Question details

I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?

Watch the Video on this FAQ: Effect of immigration proclamation/

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Read more about Effect of immigration proclamation/executive order on green cards

I-941, Application for Entrepreneur Parole

6 years ago By Chief Editor

Form I-941, Application for Entrepreneur Parole, is for entrepreneurs to: (1) make an initial request for parole based upon significant public benefit, (2) a subsequent request for parole for an additional period, or (3) file an amended application to notify USCIS of a material change.

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

6 years ago By Chief Editor

Question details

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?

Watch the Video on this FAQ: Pros and cons of adjustment of status and consular processing for green card

Video Transcript:

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Read more about Pros and Cons of Adjustment of Status and Consular Processing for Green Card

I-485 approved while outside the USA - travel on AP or GC

7 years ago By Chief Editor

Question details

Pending I-485 petition (AOS), AP&EAD approved and valid until another 6 months. I-485 petitioner went to India, on approval of AP. While in India, I-485 approved on 29/3/2017 and Card received

Watch the Video on this FAQ: I-485 approved while outside the USA - travel on AP or GC

Video Transcript

FAQ Transcript

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Read more about I-485 approved while outside the USA - travel on AP or GC

Recording of Free Community Conference Call (Every Other Thursday), 20 April, 2017

7 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Substantial transcription for video

Discussion Topics, Thursday, 20 April 2017:
FAQ: Trump’s executive order - effect on H-1B visas, I-485 approved while outside the USA - travel on AP or GC, H-1B 60 days grace period explained, Joining an employer after green card approval, H-1B title "Programmers" and USCIS site visits, Getting unemployment payments on H-1B, Travel while H-4 EAD is pending.
Other: Traveling during extension pending and H-1B visa stamping with 2 months left, CSPA issues, H-1B amendment for working from home, Green card through CP issues I-864, etc. H-1B and I-140 revoked, Reentry permit, Changing employers and H-1B visa stamping, H-1B visa stamping issues, Entry-exit process, etc.

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