Form I-485

Working for two employers on W-2s using the GC-EAD

2 years ago By Chief Editor

Question details

1. I applied for I-485 and it is pending. I received my GC-EAD in Aug. 2021 and started using it for my work. I am currently working for two employers on W-2s using the GC-EAD (GC employer and a new employer). Will USCIS question why I am working with 2 employers on W-2s? Will it impact the pending I-485?

2.Instead of two W-2s can I convert the second W-2 to a 1099 ?

3.During the GC interview or in the RFE Letter, if they ask to provide a W-2 , can I produce only the primary employer W-2?

4.If the interviewer asks how come you have two W-2s how to answer the question in a more convincing way ?

FAQ Transcript

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Changing jobs (shortly after a promotion) with I-140 approval, I-485 pending, and the 180-day AC-21 portability rule

2 years ago By Chief Editor

Question details

I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.

FAQ Transcript

I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.

Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Citizenship and Naturalization

Form N-470

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, December 09, 2021:

FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.

USCIS Temporarily Waiving 60-Day Rule for Civil Surgeon Signatures

2 years ago By Chief Editor

Release Date

12/09/2021

U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.

Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 28, 2021:

FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry

EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

2 years ago By Chief Editor

Question details

Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?

2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.

3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.

FAQ Transcript

A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.

2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.

3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...

Can GC-EAD holders start a business and what impact accrues on the pending I-485?

2 years ago By Chief Editor

Question details

Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?

2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?

3.If I-485 is denied, can we come back to H-1B again and do we have to refile I-485 again?

FAQ Transcript

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 14, 2021:

FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Effect of a career change on naturalization process and timing

2 years ago By Chief Editor

Question details

I am in field A and have received my green card, still working with my sponsoring employer. I am contemplating a career change to field B that is totally unrelated to field A due to personal dissatisfaction with field A on the whole. Is there a safe time frame to do this without repercussions to my current green card and the naturalization process?

FAQ Transcript

I personally think you should wait as long as you can and then change careers if that's what you want. There is no rule of thumb in these cases. Each case is unique. What is most important is that you should not have a preconceived intention. More...

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