Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
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On December 3, 2009 new laws intended to create a thorough nationwide child welfare system and an intercountry adoption procedure in conformance with The Hague Intercountry Adoption Convention were implemented in Cambodia. However, the processing of adoption petitions for Cambodia was still suspended on December 21, 2009 due to concerns relating to fraud, lack of legal framework, and lack of safeguards in Cambodia to protect children’s best interests. USCIS remains unable to approve any Form I-600.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Under the various employment based categories, Category I based permanent residency is the most difficult to obtain. Initially, the foreign national must determine if he/she is eligible for lawful permanent residency according to the USCIS guidelines.
An applicant filing an EB1 alien of extraordinary ability application may self-petition, but an applicant filing under outstanding researcher and/or professor and multinational manager must have a sponsoring employer.
The U.S. Department of state released the following information pertaining to non-hogar Guatemalan Inter-country adoptions:
On March 30, 2009, USCIS assumed responsibility from the DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation, this release provides responses to commonly asked questions on the issue.
On September 29, 2009, the U.S. Department of State, Bureau of Consular Affairs, Office of Children's Issues issued an alert informing that: The China Center of Adoption Affairs (CCAA) has announced that all prospective adoptive families will be required to work with a U.S. Hague accredited adoption service provider for both transition cases and Convention cases beginning December 1, 2009. This will require all families to work with an agency that is both U.S.
Notice for Guatemala “hogar” adoption cases
On September 17, 2009, the State Department Issued an Alert informing of the suspension of adoptions in Sierra Leone. The Government of Sierra Leone’s Ministry of Social Welfare, Gender and Children's Affairs suspended adoptions on May 29, 2009 due to concerns on the legality of adoptions and the welfare of adoptees.&
The U.S. Department of State is cautioning American citizens against filing an application to adopt a child from Liberia while the moratorium on adoption remains in effect. The U.S. Embassy remains in frequent contact with adoption officials, but there is no indication when the moratorium might be lifted.
On September 30, 2009 the U.S. State Department issued an Adoption notice informing the following: Kenya is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As such, all adoptions between Kenya and the United States initiated after April 1, 2008, must meet the requirements of both the Convention and U.S.
USCIS will go on accepting Employment based Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009 - According to the availability listed in the August 2009 Department of State Visa Bulletin USCIS will go on accepting Employment Fourth and Employment Fourth Certain Religious Worker I-485 Adjustment of Status Filings until August 31, 2009. However, as of September 1, 2009, the September visa bulletin will control and this category will turn out to be “unavailable”. For more on this please click the recent visa bulletin here.
U.S. Citizenship and Immigration Services (USCIS) announced that filing location of forms relating to the adoption of a foreign child under the Hague Adoption Convention has changed. Beginning today, U.S.
One of the ways a foreign national (alien) can become a permanent resident is through a permanent employment opportunity in the United States. There are five employment-based preference categories.
U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.
Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
Rajiv S. Khanna, Managing Attorney at Immigration.com, recently joined Neil Ghai and Prachi Verma on the Morning Brief Podcast by the ET Bureau. Alongside Sukanya Raman, Country Head of Davies & Associates, and David Lesperance, Managing Director of Lesperance & Associates, Mr. Khanna discussed the sharp contrasts between the established EB-5 visa program and Donald Trump's 'Gold Card' immigration policy.
Agency successfully meets 60-day implementation date