Employment Based Green Cards FAQs

Options if employment-based I-485 is denied?

Authored on: Thu, 11/03/2022 - 05:14

Question

1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?

2. After retrogression, can I transfer H-1B?
 

Answer

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Eligibility for the EB-1A extraordinary ability category

Authored on: Tue, 08/30/2022 - 06:58

Question

I wish to assess my eligibility for the EB-1A category. I have a B.Tech., M.Tech., and Ph.D. from India, and I just finished a postdoc in the USA. I am currently employed in India as an associate professor at a good university.

The following are my credentials.

1. I have over 25 publications in international journals and conferences that have undergone peer review.

2. I review articles for three high-quality journals.

3. I currently have 358 citations.

Answer

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Changing profession after receiving Employment Based Green Card

Authored on: Tue, 08/30/2022 - 06:56

Question

Can I change my profession after getting a Green Card? I received my GC in EB2 as an Accountant. Now, I see the salaries in the software/IT sector to be much higher.

Answer

Video URL

Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?

Authored on: Fri, 02/25/2022 - 02:22

Question

My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.

Timeline:

I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485

My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know

1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?

2. If we interfile, will there be an impact on the EB-3, in case they reject it

3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?

 

Answer

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Green Card final interview process/questions asked, etc.

Authored on: Thu, 08/26/2021 - 06:30

Question

1) Please list out what are the documents need to be carried for final interview by main applicant and the dependents?

2) What are the general questions we can expect from the officer during the interview who makes decision and how the interview process will be, so we can be aware and prepare ourselves?

Answer

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Taking a Long Break After Receiving Employment-Based Green Card

Authored on: Fri, 08/13/2021 - 06:40

Question

We have finally got the employment based green card after applying almost 12 years ago my question is around taking some time off. Most people ask the question of switching employers after getting the EB Green Card but my question is if I can just quit my job and take a break for 6 months before getting back into the workforce next year. Do I have to wait a certain amount of time before quitting or can I do it now?

Answer

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Qualifying for an “Einstein” Green Card

Authored on: Mon, 06/14/2021 - 06:17

Question

According to the criteria you have listed on in the article, I can satisfy 7 of the 10 points. So how could I apply? Where to start and where to go?
 

 

Answer

You should certainly get your resume evaluated. Note that merely qualifying for the 3 out of 10 categories does not automatically qualify you. That is just the preliminary step. There is also an overall review of your qualifications to ensure that you indeed are one of the top few members of your profession.

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-all-you-need-to-know-about-the-current-situation-for-f-1-and-j-1-visas/articleshow/83171279.cms

Green Card Renewal - Do I have to be employed in a similar job?

Authored on: Fri, 03/19/2021 - 09:57

Question

1. I have employment based green card and is expiring on 03/12/22.I am not employed now. Do I need to be on job at the time of renewal.

2. Can I renew my card or apply for citizenship which is better or do both. Can job be any kind (can be non-related job) or same job.

3. How long one can stay out of country, heard it is not more than 1 year. If I could not return to US and my GC expires, does it treated as abandoned.(it is expiring in a year)

Answer

Video URL

Changing Status During a Pending Application - Authorized Period of Stay

Authored on: Fri, 09/25/2020 - 10:56

Question

Currently, I am On My H1B, filled H1 extension on time, before I -94 expiry, ( Perm, I-140 Approved ). When H1 extension pending in normal process can I apply for a change of status to F1 by using the H1 receipt number? While I am on F1 if my Priority date is current, can I Adjust my status / file (i-485) when I am on an F1 visa? Will it be an issue If I am F1 visa to Adjust my status if priority date is current?

Answer

Watch the Video on this FAQ:

Changing status during a pending application - authorized period of stay


Video Transcript

There is an assumption if old status has expired and you have an application pending you are just in authorized period of state. And by the way, if you have an employment based green card going on and your dates become current you can file a I-485 that is if you are protected by section 245(k). 245(k) says we will forgive you being out of status or unofficially employed for up to 180 days if you are an employment based applicant or their derivative so if your old status expired, F-1 is pending, but the old status expired less than 180 days ago you can file I-485. FAQ in detail...

 

Note: 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.

How can I qualify for EB-1C/International Managers or Executives

Authored on: Wed, 07/29/2020 - 10:48

Question

I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july.<br>

1.What is my success rate of getting L1A<br>
2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA<br>
3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.

Answer

Watch the Video on this FAQ:

How can I qualify for EB-1C/International Managers or Executives

 

Video Transcript

1. Please discuss your job description that is intended in the foreign country outside USA with your lawyers. Make sure you plan for it from day one because if you try to plan for it a year down the line you won't succeed.

2. You can apply an EB-1C and then transfer the priority date from another case. No problem EB-2 and EB-3 can be transferred over. You can come on L-1A. You should definitely at least get your EB-1C started as quickly as possible that my opinion.

3. There is no visa ban in starting the application.

FAQ in detail...

Note: 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.