Adjustment of Status

The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Citizenship and Naturalization

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

Retaining valid H-1B status while AOS is pending and when to file Supplement J

Question details

1) Most attorneys don't recommend to abandon H1B status while AOS is pending.
What are the chances of AOS denial for someone who has had a clean history and is a law abiding alien living in the US waiting for AOS?
2) What are your thoughts about the timing of filing I-485 J? Upon job change, should it be filed proactively or wait for RFE Won't it delay the AOS adjudication if it's not filed proactively?

Video URL
FAQ Transcript

I do not think you should let your H-1B or even L-1 lapse just because you have a I-485 pending. There are times when things go wrong with the I-485. So it's such an easy thing to maintain your H-1B.

As far as the I-485 J is concerned, I personally feel that the Adjustment Of Status Supplement J should be filed as quickly as possible as it will give you an  additional protection. More...
 

 

 

Note: Where transcribed from audio/video, 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.

Aug 19, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Immigration Law

FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J

How Long Can You Be Unemployed on AOS EAD/AP?

Question details

How much unemployment gap is permitted while being on AoS EAD/AP?
Will the USCIS ask for each and every month's paystubs during the final EB2 AoS adjudication.
 

Video URL
FAQ Transcript

Well, there is no rule on that as long as you have a job at the end of your wait, you should be given a green card. More...

 

Note: Where transcribed from audio/video, 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.

05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, Thursday, August 05, 2021:

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.

Rajiv's Article - Can student visa holders apply for a Green Card?

Published by: The Economic Times - Date: June 30, 2021 

Synopsis

A green card is considered to have been filed usually when an application for an immigrant visa (Form I-140) is filed with the USCIS. The majority of the green cards require preclearance from the US Department of Labor, referred to as labor certification or PERM petition.

For more on this article please see the attachment below.

24 June 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Discussion Topics, Thursday, June 24, 2021:

FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request

Green Card Through PERM, Part 1, The PERM Process

1 Green Card through PERM, Step 1 - The PERM process
    1.1 Preliminary points
        1.1.1 Most commonly used process and is based upon a permanent, full-time job offer
        1.1.2 Involves testing the labor market for a defined job
        1.1.3 Green card is for a "future job"
        1.1.4 Employment-based categories 2 and 3 (EB-2, EB-3)
        1.1.5 WE MUST act honestly and in good faith
        1.1.6 There are three steps: PERM, I-140, and I-485 OR consular processing