Adjustment of Status

Using Obama's Immigration Action to Apply for AOS/EAD

I am in L-2 Visa with an approved I-140 from my employer with a priority date of August 2012. My H-1B applications never got picked up in the lottery. My husband's 7 years of L-1A comes to an end in March 2015. So we have to go back to India. My question is, if with Obama's immigration action develops and a possibility occurs for allowing approved I-140 petitioners to apply for I-485 and EAD, what is the process for me to get an EAD while I am in India and how can I come back to US using the approved I-140?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=QvnIAm0nQJ8#t=808

FAQ Transcript

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 Brandon Spivey, United States

Name: 
Brandon Spivey
Glossary: 
State: 
Virginia
Immigration.com: 
Country: 
United States
Homepage: 
www.nmsslc.com
Comment: 

My wife and I petitioned to adjust her status and shortly before our travel date we received an advance parole document in the wrong name. Rajiv graciously assisted us in handling the situation so we can travel to Korea for a wedding ceremony since her family did not attend our American ceremony. As an attorney myself, I knew the importance of finding someone with experience who can help guide his client -- Rajiv Khanna is very much such an attorney. I wish I had retained him earlier in the process.

J-1 Physician in Waiver Job Applying for AOS/1-485

I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?

 See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320

 

FAQ Transcript

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: 

For updates, see my blog page on Obama's Immigration Action.

Takeaway points for legal immigration from President Obama’s executive action: 

1.      USCIS is “about to” publish the final rule on H-4 work authorization.  That will make it possible for certain spouses of H-1 holders to get work authorization.

 2.      Improving employment-based green card backlogs by:

 a.       Making visa issuance more efficient so no immigrant visas are wasted;

 b.      Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs.  USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field.  USCIS must clear the path to career progression for green card applicants.

 3.      Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).

 4.      Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.”  Unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the following parole program will help:

 a.       Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where: 

 i.They have raised financing in the USA; OR  

 ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research

 5.      Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.”  As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait.  But the parole option above could be helpful.

 6.      Providing clear guidance on L-1B program as to who can qualify. 

 

Concurrent AOS filing for EB-2 Physical Therapist

Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

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 Jayasri Das Sarma, India

Name: 
Jayasri Das Sarma
State: 
West Bengal
Country: 
India
Comment: 

I have worked with Mr. Khanna's law firm over past 3 years for my Green Card renewal. I found the team to be meticulous and very responsive. Recently I am in India and trying to renew my green card. Mr. Khanna's team had no obligation to provide any counsel. They always made themselves available to answer the questions during uncertain times, so that I would any missteps in this often confusing process. I believe Mr. Khanna's law firm offers more than just handling of the legal process. They go above and beyond to create a sense of community and offer a great service to folks dealing with varying immigration circumstances.

Guestbook Entry for Vishal K, United States

Name: 
Vishal K
Profession/Occupation: 
State: 
Maryland
Country: 
United States
Comment: 

I have worked with Mr. Khanna's law firm over the past 4 years for my Green Card process and the experience has been extremely satisfying ! Everyone that has to go through immigration process knows how stressful the whole situation can be and you need to have a lawyer by your side who puts you at complete ease. Mr. Khanna and his team is very friendly, professional, knowledgeable and outstanding in their service. I appreciate their invaluable advice/legal counsel and their promptness in every matter. The whole team is meticulous, very responsive and it's comforting to know that you have such a great lawyer by your side. I'm glad that I made the right decision in switching to Mr. Khanna's law firm and I strongly recommend them to anyone that needs immigration counsel !

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