Adjustment of Status

Substantial transcription for video: 

Discussion Topics, Thursday,  2 April 2020

FAQs  related to Covid Caronavirus: 

Loss of job while in AOS I-485 period || Question from Employers about Payroll for H-1B and others L-1, E, etc. employees || Extension of B-1-B2 (tourist visas or business visas) ||  

H-1B employee furlough's impact on green card and H-1B || Converting to B-1 B-2 status ||  H-1B denial ||  Changing H-1B home office location ||

Other FAQs: Accepting Unemployment Payments on nonimmigrant visas (H-1B, L-1, E visas, etc.) and/or on green card || Applying for green card for parents who are visiting/in the USA || H-1B lottery winner employee change of employers

USCIS Issues Guidance on Adjustment of Status by Aliens Whose Conditional Permanent Residence Has Been Terminated

USCIS  issued a policy guidance (PDF, 382 KB) explaining how USCIS applies Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated.

Team Notes: 
Agency: 

Guestbook Entry for Venu Yeluripati, United States

Name: 
Venu Yeluripati
State: 
Texas
Country: 
United States
Comment: 

We had reached out to Rajiv S Khanna's law offices on a recommendation from a friend to help us with filing a green card for our parents. From the initial conversation till after the GC approval, their offices have been extremely informative, responsive and professional. They went out of their way in making us comfortable, patiently responded to all our queries and guided us through the entire process. We are happy to say that the GC card was approved in the first go with no issues and thanks largely to the excellent up front preparation of the case/documentation. We would gladly recommend their services to anyone looking for immigration help. Heather Riddick, who helped us through the entire process was excellent to work with. Thanks again to Rajiv S Khanna and team for successfully guiding us through this process.

Naturalization Issues - Stay Outside for Medical Reasons

My parents are getting ready to file their N400 naturalization application online soon. Here is their situation : They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?

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 Anup Sharma, United States

Name: 
Anup Sharma
State: 
NJ
Glossary: 
Immigration.com: 
Country: 
United States
Comment: 

Mr. Khanna, I would like to thank you and your staff for all of your direction, guidance and support throughout my green card journey. It was a bumpy ride with lots of barriers but the outcome was fruitful. I somehow forgot to share my feedback on the bestest services I received from your legal team and I sincerely apologize for that. Your firm really did an amazingly thorough and professional job and Words cannot give any appreciation justice. Thanks much to Bharathi, she was superbly positive, efficient and professional. I could not have wished for a better person to have dealt with it and the service I have received from you has been excellent. You have kept me well informed and up to date with everything. I would always refer your firm if the need ever arises for any legal assistance. Once again my heartfelt thanks and appreciation for you and everyone else worked on my case.

Best Regards
Anup

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: January 2019

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

Team Notes: 

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: September 2018

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

Team Notes: 

Section 245(k) Protection During AOS/I-485

1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?
2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?

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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