My EB2 priority date is June 2009. I filed for my I 485 in 2012 and since 2013 I have EAD and have been maintaining H1b status. In 2014 I changed my job from the original employer who started my GC process (with whom I have I 140). I sent AC21 when in 2016 I got the standard RFE to produce medical records and employment proof (since then the priority date had retrogressed again), and also have H-1B with my new employer. I have not started the new GC file with a new employer. Should I file supplement J now, proactively, or should I wait for another RFE from USCIS when my priority date becomes current in the future, to file for supplement J?Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Discussion Topics, Thursday, 9 March 2017:
FAQ: Revoke H-4 EAD regulation; Joining a company other than green card sponsor; staying abroad after green card - reentry permit; Green card holder staying abroad for more than 6 months; Medical problems/diseases that can cause issues in green card; Impact of the new I-140 regulations; Physician FMG applying for Cap H-1 through a cap exempt employer; Compelling circumstances EAD.
How to find out if my I-140 has been revoked, etc; AC21, changing jobs, when to file Supplement J;
Other: Correcting errors on I-140 approval; Revocation of I-140 and approval of H-1 extension; H-1 converting to B-1/B-2; Green card staying outside the USA for more than 6 months; Changing jobs after I-140 approval - priority date; H-1 extension when I-140 is denied, H-4 EAD, etc; Filling for N-400; I-130 returned to USCIS by consulate; Compelling circumstances EAD for child being sick; CSPA in family-based applications; etc.
I have approved 140, Green card EAD/AP card in EB2 from company-A and passed more that 180 days. I have maintained H-1B status since last 9 years instead of using EAD/AP as the need to go India for marriage so my future wife gets H-4 easily. Just transferred my H-1B to company-B. Company-A will revoke my I-140 in March 2017 due to company policy. I have following questions to ask you.
1. Shall I get H-1B extension (beyond 6 yr) in future with company-B after I-140 revoke from my previous employer?
2. I have EAD/AP card from my previous employer. Is it required to start GC process like labor and I-140 application again with company-B if my previous employer revokes my I-140?
You can continue to extend your H-1 even after I-140 is revoked by the employer, IF, the revocation was sent more than 180 days after I-140 approval.
Under AC21, you do not have to start a new green card if:
1. Your I-140 is approved;
2. Your I-485 has been pending for 180 days or more;
3. You will take an employment same as or similar to your green card job; and
4. You file Supplement J.
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Discussed: FAQ Dual intent visas and filing green Card in multiple categories simultaneously, CSPA, Denial of F-1 student visa, FAQ: H-1 Receiving payments for past work/bonus (1099), change of location H-1B amendment, AC21 green card portability, naturalization, J-1 waiver, H-4 EAD: travel, fingerprinting, reentry permit
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I was referred to Mr Khanna by a friend. I wanted some information on the J-1 visa waiver process. Mr Khanna was extremely gracious to reply to my email over the weekend and instantly asked his secretary to schedule an information call. It was a pleasure to speak with Mr Khanna. His depth of knowledge on the subject was very impressive. He was very patient in answering all my queries to my satisfaction. I am extremely grateful to Mr Khanna for providing me the legal guidance that I needed and putting my mind at ease. I will refer Mr Khanna to anyone who seeks a highly experienced and compassionate Immigration Attorney who actually cares for his clients.
I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Can a J-2 dependent (Canadian citizen) change to other working visa or have to change to H-4 when J-1 gets waiver and moves to H-1. Basically any hope for a spouse on J-2 to get work authorization (TN/H-1/investor visa) before the 3 year waiver is complete?
Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver.
USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.
WASHINGTON — The Department of Homeland Security (DHS) launched an enhanced Study in the States website Monday with four new features. The features enable the Student and Exchange Visitor Program (SEVP), housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.
The new features include: