EB1 Green Card FAQs

I-485 interfiling to use EB-2 instead of EB-3 with a new employer

Authored on: Fri, 06/17/2022 - 02:23

Question

I'm an Indian national living in the USA.

1) Employer A filed I-140 (EB2) which got approved with a PD: AUG-2014.
2) I switched jobs from A to Employer B.
2. a) Employer B concurrently filed I-140(EB3) and I-485/765/131. This wasn't a downgrade from EB2 to EB3. This I-140 also got approved and able to port PD: AUG-2014. Also I-765/131 got approved. But I never used them.
3)I switched jobs from B to Employer C.
3. a) Employer C only filed H1B and I-485J.

Currently, with Employer C and my EB2 final action date became current(As per the June visa bulletin). Now I technically have tw
o approved 140s(One in EB2 and the other in EB3)

Questions:
1) Can employer C do a I-485 interfiling to use I-140 (EB2) instead EB3?
2) Since my PD became current in EB2, What would be the best option for me so that I get my 485 adjudicated sooner and get the GC.

Answer

Video URL

EB-3 to EB-2 interfiling after using Advance Parole. Reverting back to EB-3 if needed

Authored on: Fri, 06/17/2022 - 02:18

Question

I have a question about Interfiling my GC case. My Priority Date (Aug 2014) is current in the June Visa Bulletin. I'm planning to go to India this month and return back next month. While coming back I will use my AP for POE and also My wife is already using EAD and AP.

1) Can I interfile if I use AP for entering the USA?
2) Can I go back to EB3 if the EB2 date is retrogressive?

Answer

Video URL

Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

Authored on: Fri, 02/25/2022 - 02:00

Question

I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

 

Answer

Video URL

Qualifications for EB-1 Multinational Executives and Managers in a small company

Authored on: Thu, 12/16/2021 - 06:44

Question

I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team.  Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.

 

Answer

Video URL

 

Impact of subordinate employees outside the U.S. or in third countries on L-1A and EB-1 petitions

Authored on: Tue, 11/16/2021 - 06:55

Question

I was on L-1A and later switched to H-4 EAD 3 years back (working with the same Indian multinational company for 15+ years). I manage a large team here in the USA, and some of my reportees are in the U.K. Since the H-4 EAD extension is taking time, my company plans to move me to Canada for one year. As per the plan, I will be back to the USA on an L-1A visa, and then the company will file for my green card in the EB-1C category. I don't have any team in Canada, and I will mainly manage the same U.S. and U.K. team from Canada.

 

Answer

Video URL

 

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

Einstein Visa (EB1-A category)

Authored on: Fri, 06/04/2021 - 06:46

Question

I am currently a postdoctoral scholar in the USA. However, I thought one needed a permanent tenure-track position to qualify for the EB-1 visa category. Is that not so?

Answer

The Einstein visa (EB1-A category) is different from the outstanding researcher or professor (EB-1B)
category. A job offer is not necessary for an EB1-A petition.

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

Einstein Visa Category

Authored on: Fri, 06/04/2021 - 06:43

Question

I read your article on the Einstein visa category. I am a foreign-trained Medical Doctor. I have an article that was published in a scientific magazine. Do you think l will qualify for this visa category?
 

Answer

Publishing a single article is unlikely to be even close to qualifying, unless the article has been published in an extremely high impact journal.

 

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

Einstein Visa

Authored on: Fri, 06/04/2021 - 06:31

Question

How can I apply for the Einstein visa?

Answer

We would highly recommend that you have your resume evaluated by a competent lawyer. That would be the natural first step towards the process.

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

 

Going to school while I-485 is pending

Authored on: Wed, 08/26/2020 - 08:26

Question

My I 485 priority date is Feb 2018 (EB1B) and I am expecting as per current trend to receive my green card by December. I have greencard EAD valid until June 2021.

However, I have enrolled for Fall 2020 semester in MIT to pursue a one year MS degree in System Design and Management. I am sponsored by my employer and I will be paid as a fulltime employee during this period. I will be writing a research thesis on a topic related to my company.

On receiving green card, Do I need to discontinue my degree in between and immediately return to my previous position as a fulltime researcher in the company for which my greencard was filed?
I

Answer

Watch the Video on this FAQ:

Going to school while I-485 is pending

Video Transcript:

In my view, there are no repercussions because there is a reason you are not joining immediately. As this is a very special circumstance, I would suggest you talk to your lawyer. 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.