Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
Release Date:
04/10/2024
U.S. Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases.
[custom:eb-1-classification-introduction]
USCIS recently updated the following form(s):
Form I-485 Supplement A, Supplement A to Form I-485, Adjustment of Status Under Section 245(i)
08/28/2024 02:36 PM EDT
Edition Date: 08/28/24. M. USCIS will also accept the 08/28/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
08/28/2024 02:36 PM EDT
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Recently USCIS updated the following form(s):
12/09/2024 01:22 PM EST
Edition Date: 12/09/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
10/24/2024 10:06 AM EDT
Discussion Topics:
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485
FAQs: EB-1A Use Case -- STEM OPT cloud solutions engineer at a nonprofit university || Layoff on H-1B, Changing status from B-1/B-2 pending to F-1 || Impact of layoff on green card status and future naturalization || H-1B laid off: Second B-1/B-2 visa extension
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
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My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?
To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
We filed a petition under premium processing for the beneficiary, who qualified based on his publication record, original contributions, membership in a professional society and service as a reviewer of others’ work. The beneficiary had more than sixteen years of research experience and thus had garnered an international reputation for his outstanding work. We provided letters of recommendation from various international experts in his field that confirmed his status amongst his research peers. The beneficiary had documentation to show his senior level membership in a professional society.
We won a case following a Request for Evidence for a scientist. We were able to establish that he is an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of nanotechnology, magnetic nanoparticles and nanocomposites, nanomagnetism, thermoelectric nanoparticles and nanocomposite materials. His unique specialty set him apart from others in the field.
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
I have an EAD from an approved EB1A petition (priority date: Apr 2022). I recently got laid off and am thinking of starting a business ( related to K-12 education.) MY EAD is based on an advanced degree in Operations research with publications and related work experience in data science. Is there a risk to justify 'teaching' or running a tutoring business based on this EAD? If so, can you keep looking for related jobs and teach on the side without incorporating this as a business in the interim? On an unrelated note, in your opinion, what is the risk of traveling out of the country in this situation? (I have an advance parole in hand as well.)
If you have an EB-1A-based EAD and a pending I-485, starting an unrelated business (such as teaching) is risky. Your EB-1A petition asserts that you intend to work in your field of extraordinary ability. Shifting to an unrelated field could raise questions about your original intent and impact your green card application.
Additionally, traveling on Advance Parole in this situation may pose some risks. It’s advisable to either have a job offer or a clear plan to work in your field (such as consulting with clients) before traveling. Proceed with caution.
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