EB1 Green Card

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Discussion Topics, Thursday,  19 March 2020

FAQ:  EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times

OTHER:  Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?

Time of stay and definition of a manager/executive employee for L-1A and EB-1C

I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?

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,  5 March 2020

FAQ:  Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?

OTHER:  Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,

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FAQs: 

- H-4 visa stamping - problems with H-1B

- Sponsoring family based green card while living outside   the US

- When is H-1B amendment required?

- Getting EB-1C based green card by moving out for one year

- Obtaining birth certificates

Substantial transcription for video: 

Discussion Topics:

H-4 to F-1 status change || Employer-sponsored EB1A || Portability under 221(g) || Expedite EAD request on Financial Hardship || Multiple H-4 processing in parallel for dependent along with Primary dependent H-1 Visa || H-1B Transfer issues

Substantial transcription for video: 

Discussion Topics, Thursday,  October 17, 2019

FAQ:  Filing I-485 through a new employer, if the old priority date gets current || Compelling Circumstances EAD || Converting from H-1B to H-4 and back again ||  How long is an I-140 approval valid? 

OTHER:  Public charge issues || L-1A, EB-1C issues correlation with H-1B || Expunged criminal conviction and naturalization || Changings jobs after getting green card || H-4 EAD || Traveling while Supplement J is pending || SOW MSA for H-1B || Reapplying after a denied H-1B || J-1 HRR || Changing employers while I-140 is pending || Public Charge || H-1B for a higher job || Buying health insurance. etc.

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Discussion Topics, Thursday,  October 3, 2019

FAQ: When should we file Supplement J for AC21 || Changing employers after 180 days of I-140 approval || Filing an I-485 for a junior position when already promoted || Expediting H-4 EAD || Is there a correlation between processing times and priority dates? || Traveling while H-4 EAD extension is pending.

OTHER:  60 days grace period between H-1B petitions || Options for alleged OPT/CPT violations || Requiring pay stubs from a retired Veteran || Changing employers after 180 days of I-140 approval || Is there a deadline for filing I-485 after PD is current || Financial issues in sponsorship || Public charge rule || Refiling N-400 || Applying for H-1B extension while outside the USA || H-1B/EAD options || EB-1A changing jobs/multiple categories green cards pending || Indian OCI cards, etc.

Substantial transcription for video: 

Discussion Topics, Thursday, 25 July 2019:

Combination of EAD and H1B status || 2 separate employers filed for FY2020 Cap Subject H1-B || Child born outside the US before parents were naturalized || N-400 Interview || Priority date change in I 797 for EB1 approval || Change companies with I-140 approval

Downgrading from EB-2 to EB-3

My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. 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, 20 June 2019:

FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.

Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.

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