Form I-485

What if I never joined the employer who sponsored me for green card?

Working for the same company for 9+ years (7 yrs in the USA and since last 2 years in India Development Center for the same company). I received my GC in June 2016 and have got the physical cards delivered to me in India. Lost my father in Nov 2016. More than 9 months passed since GC - never traveled on GC so far or worked for the Sponsoring employer even for 1 day in the USA. I want to work and live in the US but for immediate time (next 1 to 2 years) I need to spend more time in India to console and support my grieving mother. My current company does not have any immediate work for me in the US. I am looking for options outside my company to come back to the USA. I am also considering an opportunity local in India.

Watch the Video on this FAQ: What if I never joined the employer who sponsored me for green card?


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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Compelling circumstances EAD

I have approved I-140 from 2010. I read that if I apply for I-140 EAD (due to compelling circumstances ) it will revoke my H1B status and then I would not be able to adjust the status through I-485 without going outside the country and getting back on H1 which is extremely risky. The other option is Consular Processing which is also waiting outside US. Is that right? What status would a person be in US if on I-140 EAD due to a compelling circumstance? Is there a way to switch to H-1B so as to continue with Green Card through Adjustment of Status ( with same priority date) while within US?

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 Sanjay B, United States

Name: 
Sanjay B
Immigration.com: 
State: 
viriginia
Country: 
United States
Homepage: 
GC in EB1 - A Category
Comment: 

Want to Thank Mr. Rajiv Khanna and Diane Lombardo from the bottom of my heart for the tremendous effort they put into my GC application in EB1-A category. The journey started 7 months back with a simple evaluation of my profile by Mr. Khanna followed by a fact check call. Hats off to his professionalism that I was told upfront the approval chances of my case and the further work I need to do on my profile. Mine was a very unique case with a mix of critical industry experience, inventions, publications and other relevant categories. Mr. Khanna's strategic direction, core guidance, and valuable inputs were ably complimented by perfect documentation, follow up and updates by Diane. The advice throughout the journey was extremely valuable and the support was just a call away anytime. I was told to patiently wait and work on the profile till it was good enough to be filed and I think the patience and time spent was worth it. The final profile at the time of filing looked really great and satisfactory.

The I-140 for the case was approved within a week of filing. Mr. Khanna and Diane have been equally supportive in the I-485 journey immediately after that and took it on top priority to accommodate my International travels. 

As Mr. Khanna emphasized in the beginning, the whole journey is the Process and it turned out to be a great learning experience. Engaging Mr. Khanna and his team in my case turned out to be a sure game changer and I am extremely delighted to have them on the case. I would highly recommend Immigration.com for all the immigration needs.

 

 

AC21, changing jobs, when to file Supplement J

My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status. In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140). I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer. Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?

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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Medical problems/diseases that can cause issues in green card

My elder son born in India and now he is 10 years old. We came to the US in 2009. My visa status is H-1B and GC is in progress. My son is a bleeding disorder patient(like hemophilia). The medicine available only in the US. Does my son's medical problem make any issue while applying 485/EAD or at the time of GC issue?

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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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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Changing Employers With An Approved I-140 After January 17 2017

I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?

You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.

Under AC21, you do not have to start a new green card if:

1. Your I-140 is approved;

2. Your I-485 has been pending for 180 days or more;

3. You will take an employment same as or similar to your green card job; and

4. You file Supplement J.

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, 23 February 2017: 
FAQ: The new regulations, withdrawal of I-40, H-1 extensions; Will H-4 EAD Rule be revoked? || Can pending immigration applications be affected by changes in the law?|| Entering the USA on B-1/B-2 visa to get married; Misdemeanor conviction effect under Trump executive order; Legal rights/benefits of Green Card compared to H1B; Using for green card experience gained with end client; Automatic Visa Revalidation (AVR) traveling to Canada.
Other: PERM advertising requirements, salary; Does CSPA protect based upon an old I-140/PERM? || L-1A eligibility if visiting the USA frequently; Reopening abandoned green card case; I-140 revocation for errors; Changing from H-1 to H-4 while transfer is pending; H-4EAD and back to H-1; EB-1A for a computer professional; Consular processing of green card; Effect of affidavit of support; Counting H-1B period while COS is pending; etc.

How do we keep up with the rumors and changes in the laws

How do we keep up with the rumors and changes in the laws? My I-140 is approved in 2013 and priority date is on 2013. Do you have any inside on country quota elimination bill?

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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Automatic EAD extension; I-485 EAD

I am in I-485 pending status based on EB2 and have been working on EAD since 2012. Under the new rules effective January 2017, I understand that I can file for EAD extension 180 days prior to expiration. Will EAD be considered extended automatically if the approval doesn't come before the expiration of my current EAD?

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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