Employment Based Green Cards FAQs

Protection of Section 245(k) for Employment-Based I-485

Authored on: Wed, 07/26/2017 - 04:24

Question

Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?

Answer

Audio FAQ: Protection of section 245 (K) for employment-based I-485

Audio Transcript

1. 245(k) says if you are an employment based applicant or spouse or child of an employment based applicant we will forgive you up to 180 days of being out of status or on authorized employment since the date of your last entry. Any period accumulated before last entry we can disregard. We only count from the date of the last entry. Hence it is a very strong permission to help you file I-485.

2. 245(k) is automatically given. The government actually applies for it themselves. You don't have to do anything special for it.

3. When you are in between statuses: H-1B extension pending or old I-94 expired you are not in status enough to apply for this kind of status. But if your status expired less than 180 days ago because of section 245(k) you can file Adjustment of Status. More...


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.

Child Status Protection Act in Employment-Based Petitions

Authored on: Tue, 07/25/2017 - 01:48

Question

I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+

Answer

Audio FAQ On: Child Status Protection Act in employment-based petitions

Audio Transcript

Child Status Protection Act (CSPA),  in employment-based petitions will allow you to take advantage of the time your I-140 is pending. So if your I-140 was pending for 8 months your child can file I-485 with you if the dates become current until 21 years, plus 8 months. Hence whatever time your I-140 was pending that time becomes an additional grace period for the child to file I-485 with you. The only advantage you will get is the dependency of the I-140. Other than that, there is no advantage. More...

 

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.

Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.

Authored on: Fri, 06/09/2017 - 02:51

Question

Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?

Answer

 

Video URL

 

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

Authored on: Sun, 05/21/2017 - 23:00

Question

1. Can we file multiple green cards together? If yes what will be the side effect? <br>
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?<br>
3. Should job description match in EB-1 and EB-2?<br>
4. What may all possible issues occur?

Answer

Watch the Video on this FAQ: Filing green card through multiple categories or employers and/or family simultaneously

Video Transcript

1. The answer is yes. You can file green cards through as many categories as you want to. Both employment as well as a mixture of employment and family or investment. Any number of green cards can be filed as long as they are being filed honestly.

2. I don't see why not. 

3. It doesn't have to.

4. It all depends on the facts of each case but at least theoretically it is possible. More...

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.

 

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

Authored on: Fri, 05/19/2017 - 23:00

Question

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)?

Answer

Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position

Video Transcription

Under the current regulations beginning January 17, you can actually ask for a predetermination before you change jobs. You can send your Supplement J and wait, for they got to decide it before you join the new employer. They will readjudicate the case so you will know if you are safe when you move instead of just jumping. More...

 

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.

J-1 Physician applying for following to join after waiver

Authored on: Wed, 03/01/2017 - 23:20

Question

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?

Answer

Watch Video on this FAQ: J-1 Physician applying for following to join after waiver

Video Transcript:

Yes, if you are in the USA in legal status and his priority date through which he got his green card is still current you should be able to file your I-485 directly. More...


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.

Effect of Divorce on Employment-Based Immigration

Authored on: Fri, 09/30/2016 - 04:08

Question

I have been in US for the last 8 years and got GC employment based 3 years ago. I have 15 and 21 year old sons. My wife and I have differences on who manages my finances. I am thinking about applying for divorce. Just wondering whether divorce would have any impact on obtaining citizenship (either for me or my wife and children).

Answer

Watch Video: Effect of divorce on employment-based immigration

Video Transcript:

Divorce is a civil proceeding that has no consequences on immigration once you have obtained your immigration.  But in another situation if a I-485 was pending and before the I-485 could be approved the parties were going to get divorced you would have consequences because then the derivative spouse cannot really receive the immigration of the primary applicant that becomes much more complicated. More...

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.

EB-1C Green Card For International Manager Or Executive

Authored on: Mon, 08/15/2016 - 06:41

Question

I am with one of the Indian MNC and I am working as Program Manager for last 4 years (L1-A). I would like to apply EB-1 GC through a future employer.
What is the timeline and chances to approve ?

Answer

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

EB-1A Directly from India and Green Card

Authored on: Tue, 07/26/2016 - 06:51

Question

I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>

Answer

1.  Yes.  See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

Remedy for Denial of I-485 AOS

Authored on: Tue, 06/07/2016 - 09:27

Question

Today I have got denial on my I-485. Reason stated was "According to Visa Bulletin in effect on the date this application was filed , a visa was not available based on your established priority date and specific preference category" My category is EB2. Date of filing for this category is 1st July 2009. My priority date is 10th December 2008. I filed 485 application on 1/19/2016 and got receipt notice on 1/29/2016
I did my finger printing on 03/16/2016 based on USCIS schedule I and my family members also got EAD on 03/23/2016 I was surprised to see today’s denial reason. I filed 485 application based on Dates for Filing .e. 1st July 2009 for EB2 category. Not sure why they denied my case since Final action date is not current but I am sure I am eligible to file my application based on date of filing. Is there any way to appeal on this decision ? If appeal gets denied again is there any impact on my current H1B status ?

Answer

FAQ: Remedy for denial of I-485 AOS

Video Transcript: When you filed and the government says the priority date is not current then that's a question of fact. If they have mistakenly identified this petition as untimely filed you can definitely file an MTR (there is no appeal against an I-485 denial) and get it reopened, but if they are correct then have a lawyer review your case.

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.