Employment Based Green Cards

Filing green card through multiple categories or employers and/or family simultaneously

1. Can we file multiple green cards together? If yes what will be the side effect?
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?
3. Should job description match in EB-1 and EB-2?
4. What may all possible issues occur?

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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Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?

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, 18 May 2017: 
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.

USCIS Adjustment of Status ( I-485 ) Filing Date Charts from the Visa Bulletin

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing Visa Applications chart. Otherwise, we will indicate on this page that you must use the Application Final Action Dates chart to determine when you may file your adjustment of status application.

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Agency: 

Guestbook Entry for P Gupta, United States

Name: 
P Gupta
State: 
NJ
Country: 
United States
Comment: 

Mr. Khanna is very competent, and is supported by a very prompt and proactive staff. He suggested me one of the best ways, given my situation, to obtain permanent residency (Green Card), and navigated through the various questions from the USCIS expertly. As a legal professional (from a different field of law), and as someone who has dealt with a few other immigration attorneys, I rate him and his practice among the best. Highly recommended!

Guestbook Entry for Madhumita Joshi, United States

Name: 
Madhumita Joshi
State: 
Arkansas + New Jersey
Country: 
United States
Comment: 

I have been working with Mr. Khanna over the past decade to resolve my green card application. It has always been a pleasure to talk to him. He gives his advice in a timely and appropriate manner and has provided free telephonic counsel to me for visa issues concerning my family members - SEVERAL YEARS AFTER MY GREEN CARD WAS OBTAINED. I believe he goes above and beyond his duties to serve his countrymen. We really appreciate his timely advice on several occasions. Best wishes for a very successful practice in years to come.

J-1 Physician applying for following to join after waiver

I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?

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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EB-1B – Outstanding Professor/Researcher

We won a case for an applicant following receipt of a Request for Evidence. We submitted evidence to show that the beneficiary qualified for the category having published scholarly articles, authored a book chapter and acted as the judge of her peers. We noted the impact factor for the journals where her work was published and provided citations details. We provided evidence to show that she was a member of an editorial board.

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