EB2 Green Card

National Interest Waiver (NIW) Filing When Priority Date is Not Current

I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job.
1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously?
2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years?
3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?

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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Accredited University to get Master’s Degree to Process an EB-2 Green Card

In you previous Conference Calls you did mention that you did post videos on USCIS accredited Universities in USA. If a person is doing an MS or MBA in US he/she needs to do it from those accredited universities inorder for the educational evaluation to be done to achieve EB2 Status.Right now I have a 3 years of Bachelors degree from India and do not qualify for EB2 and I am in EB3. I wanted to do an MS or MBA in USA.

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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Change in Job Title after Getting a Green Card Approval

Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?

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 11 January 2018:

FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within

EB-2 (Schedule A) Exceptional Ability/Advanced Degree Alien Services and Fees

The fee schedule for Green Card through EXCEPTIONAL ABILITY/ADVANCED DEGREE ALIEN (Schedule A- Group II, fees are payable by personal checks) is as follows:

1. Legal Fees (for our Office):

$5,400 , $4,600 at the commencement of the case and $800 at the time of the preparation of I-485.

Green Card: 

Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously

I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved.
1: Is there a website where we can check the status of labor if it has been approved?
2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval?
3: Can my GC application continue whilst being on H-4 visa?
4. Does the GC process, at any stage, require the applicant to be on H-1 visa?
5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?

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 SK, United States

Name: 
SK
State: 
Virginia
Profession/Occupation: 
Immigration.com: 
Country: 
United States
Comment: 

It’s a pleasure and an honor to recommend Mr. Rajiv Khanna and his Law Offices. I am writing to express my deep gratitude for RajivJi’s guidance over the past 1.5 years starting with PERM audit, supervised recruitment and through I-140 RFE and right to the I-140 approval. In all the conversations with him, he has always given me honest, straightforward assessments, and creative suggestions, which in turn gave me immense confidence even when situations looked gloomy. He backed this case right from day 1, possibly more than how much I backed myself on it.

I strongly believe, RajivJi’s intellectual brilliance and creativity coupled with his decisiveness at various critical junctures through the tough phases were the most significant keys to success in my case. I have firm conviction, that RajivJi’s immigration law expertise is second to none in the country.

I tip my hat to you!

Over the last 5 years, I worked closely with his some of his folks. This is a big shout out to VijayJi, Bharathi, Kunal, Suman and Kalpana.

Vijay Ji, I can’t thank you enough for zillions of hours you spent on going through and organizing all the hundreds of resumes received through supervised recruitment. Vijay Ji, you went over and beyond. I specifically remember, when you went to USPS at 8:30PM to send the package on time! Thank you very much.

Kunal, I greatly appreciate your thoroughness and the meticulous planning of I-140 RFE response. In all my interactions with you, you made me feel confident by answering all my questions and spending time with me discussing nitty-grittys of the content.

Bharathi, Thank you so much for pulling things together for multiple RFEs and answering my numerous phone calls and emails patiently.

When I met all of them at their Arlington office, the one thing that struck most to me is that they put a human face to my case and made me feel like a part of their amazing family. Gestures like that is what separates this bunch from any other.

Kudos to you all!

Warm Regards,
SK

Can a Green Card be Started on F-1 Status?

I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?

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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