Form I-485

Eligibility for and the process of EB-3 to EB-2 Porting

Question details

Can you talk about this upgrade process from EB3 to EB2 for pending I-485? Does it need another I-485 application or just a letter to USCIS?

FAQ Transcript





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Supplement J timing and joining previous Employer

Question details

I was working with employer A for 7 years on H1 B and they have filed Labor and I-140 with Priority Date 2014. Now I am on H4 EAD since 2019 and working for employer B for same role .
My Priority date was in filing date chart and my ex employer A agreed and filed my I-485 with form J on November 2020. Do I have to join my old Employer A now or it's fine if I join them after I-485 is Approved? If I don't join them now , will there be any problems in the 485 interview if I intent to join after I-485 approval ? Is it possible that employer B can file form J form after 180 days of I-485 receipt date without joining my old employer A considering my Priority date will be on the final action date after 4, 5 years .

FAQ Transcript





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Pending I-485 Petitions and 180 Day Portability Rule

Question details

1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?

Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule

 

Video Transcript:

1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.

FAQ Transcript





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Dec 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Substantial transcription for video

Discussion Topics, Dec 3, 2020

FAQs:

H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?

1) How long does I-485 EAD approval take? 

2) Once spouse  gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?

3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.

4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?

5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?

Other Topics :

Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition

Nov 19, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 19 November 2020:

EB-1C eligibility after company transition while pending I-485 and L-1A extension || Post completion OPT and employment issues || Canadian citizen applying for TN visa during presidential proclamation ||Sharing misdemeanor details of spouse while filing for green card || Document Checklist for I-485 Adjust of Status || Consular processing and green card when priority date is current||Transition from F-1 to H-1B || H-1B Visa expiring, extension and delay due to wage rate increment || I-485 filing and issues related to primary and derivative applicant || How long for an interview after the priority date becomes current || H-1B visa potential immigration issues for being outside the USA for more than a year during pandemic || Laid off due to Covid and the effect on adjudication of STEM OPT visa || AC21 portability, I-140 and starting a new venture || 221g administrative processing and H-1B visa stamping || Presidential Proclamation and H-1B visa stamping || Change of status from J-1 to F-1 Visa and Biometrics || Understanding the Visa Bulletin || H-1B and prevailing wage levels || Employment Authorization in compelling situations

October 1, 2020 Recording of Free Community Conference Call (Every Other Thursday)

Immigration Law

Substantial transcription for video

FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current

OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.

Changing Status During a Pending Application - Authorized Period of Stay

Question details

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?

FAQ Transcript





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Going to school while I-485 is pending

Question details

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?
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FAQ Transcript





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.