Frequently Asked Questions - Employment Based Green Cards

EB1 Green Card (55)

International Managers, Executives (1)

  1. Employment Based Self Application
  2. Contacting USCIS when EB-3 is Changed to EB-2
  3. L-1A to EB-1
  4. L-1A Visa and Green Card Application
  5. Premium Processing not available to multi-national executives and managers
  6. Premium Processing for EB-1-3
  7. L-1 A to Greencard
  8. L-1A holders trying for EB-1
  9. Green card for L1-B or L1-A holders
  10. EB-1: 1 year in 3 years preceding the petition
  11. EB-1 for a visual artist
  12. EB1 - stay requirements
  13. EB 1 approvals
  14. L1A to EB1 from outside USA
  15. Chances of L1A to EB1
  16. EB-1 Visa Processing for medical doctors
  17. Outstanding researcher
  18. EB1 Extraordinary ability
  19. Considering EB-1 application (research)
  20. If my company applies EB1
  21. I was married 9 years ago, getting divorced - EB1
  22. EB-1 derivative green card delayed
  23. L-1B applying for green card
  24. Is employment required for EB1 extraordinary ability applicants?
  25. Investment based green cards
  26. Obtaining H-1 Extension beyond 6 years
  27. L-1B applying for green card
  28. Criteria for Outstanding Researcher/Professor Category
  29. Pointers for EB1/NIW filings
  30. Filing EB1 while EB2 AOS is pending
  31. Basic Criteria for Extraordinary Ability
  32. Going to school while I-485 is pending
  33. How can I qualify for EB-1C/International Managers or Executives
  34. Effect of take over on L-1
  35. Time of stay and definition of a manager/executive employee for L-1A and EB-1C
  36. Downgrading from EB-2 to EB-3
  37. How Can I Downgrade from EB-2 to EB-3 and Consequences
  38. Porting Priority Date from EB-2 to EB-1
  39. EB-1C for Functional Managers - Overseas Team Inclusion
  40. EB1-A
  41. Filing EB-1C, International Managers or Executives Green Card
  42. Current Immigration/Visa Options for Entrepreneurs
  43. Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
  44. Can a Green Card be Started on F-1 Status?
  45. Filing green card through multiple categories or employers and/or family simultaneously
  46. F-1 Student Directly Filing for a Green Card
  47. EB-1C Green Card For International Manager Or Executive
  48. EB-1A Directly from India and Green Card
  49. The Proposed I-140 EAD Rule - FAQ's
  50. Green card through a future job
  51. Considerations for AC21 job portability
  52. Changing Jobs During Green Card
  53. EB-1C (Multinational Manager) Eligibility and Clarifications
  54. Do I Qualify for EB-1
  55. GC in L1-A Visa

EB2 Green Card (112)

  1. EB-2 Visa for a Veterinary Assistant
  2. Contacting USCIS when EB-3 is Changed to EB-2
  3. Green Card Eligibility Under EB-2 Classification
  4. Completed Master's Degree in One Year
  5. Qualifying Degrees for EB-2
  6. Trying for EB-2
  7. Eligible for EB-2
  8. Restart the green card under EB-2 category
  9. Avoiding PERM through EB-2 category
  10. EB2 Master's equivalency and employer
  11. EB-3 to EB-2 with the same employer
  12. Am I eligible for EB-2 or is it too early for green card
  13. Do I qualify for EB-2 ?
  14. Chances to get EB2 with B.Sc.
  15. EB-2 experience
  16. Switching Jobs after I-140 approval
  17. Green Card Expenses
  18. EB-2 Question
  19. Job description for the EB-2
  20. Perm process during OPT
  21. EB-3 category
  22. Can I apply GC in EB-2 category?
  23. Am I eligible for EB2?
  24. EB-2 category eligibility
  25. EB-2
  26. EB-2 eligibility
  27. Accredited degrees
  28. Can I change jobs and file PERM and I-140 under EB-2
  29. EB-2
  30. Job Change after I-140
  31. Filing EB-2
  32. Eligibility for EB2
  33. EB2 Eligibility
  34. EB3 to EB2 Portability
  35. EB2 qualification with MS
  36. Masters in Computer Science and EB2 eligibility
  37. Regarding GC application after PhD
  38. Can EB3 PD be carried to new EB2?
  39. EB2 - Eligibility
  40. EB2 Schedule A question
  41. EB2 Qualification
  42. EB-2 with ChE MS + 2 yrs exp
  43. EB2 eligibility
  44. EB-2 with three years bachelor's degree
  45. EB2 or EB3
  46. GC Processing and EB2
  47. EB2 and Clinical Specialist
  48. EB2 Eligibility
  49. EB2, volunteer work counted as an experience?
  50. EB2 eligibility
  51. If one has an approved I-140
  52. GC and EB2
  53. EB2 eligibility for advanced degree occupational therapist
  54. EB2 Priority Date Cross Changeability...
  55. EB2 for a State job
  56. EB2 with online masters degree
  57. EB-2
  58. PERM is approved under EB2
  59. EB2
  60. EB-2 Eligibility
  61. Cross chargeability
  62. US embassy denial
  63. PERM classification EB2
  64. EB3 to EB2 and I-140 Refile
  65. 10+3.5 years diploma + 3 years BS
  66. EB1 Extraordinary ability
  67. EB2 from EB3 qualification
  68. Master transcript as degree
  69. When does education become ground for denial - EB-2
  70. EB2 Qualification
  71. EB2 Qualification
  72. Occupational Therapist and EB2
  73. 3 years of experience in IT field and completing a Masters degree - EB2
  74. How can I qualify for EB-1C/International Managers or Executives
  75. Downgrading from EB-2 to EB-3
  76. How to get H-1B approved for three years, not shorter duration
  77. Options to Stay in the USA After Expiration of H-1B
  78. Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
  79. EB-2 Approved - Applying for EB-3
  80. Not Worked for Green Card Sponsoring Company – – Fraud Implication for Naturalization/Citizenship
  81. How Can I Downgrade from EB-2 to EB-3 and Consequences
  82. Porting Priority Date from EB-2 to EB-1
  83. Can EB-2 Approved File For EB-3
  84. National Interest Waiver (NIW) Filing When Priority Date is Not Current
  85. Accredited University to get Master’s Degree to Process an EB-2 Green Card
  86. Change in Job Title after Getting a Green Card Approval
  87. Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
  88. Can a Green Card be Started on F-1 Status?
  89. Filing green card through multiple categories or employers and/or family simultaneously
  90. Impact of the new I-140 regulations
  91. J-1 Physician applying for following to join after waiver
  92. Automatic EAD extension; I-485 EAD
  93. Processing Times Involved in NIW
  94. The Proposed I-140 EAD Rule - FAQ's
  95. Physician filing green card
  96. Regarding Form G-884 (Returns of original documents)
  97. Green card through a future job
  98. How soon can I change employers after getting green card?
  99. How to get a copy of I-140 approval
  100. Green card through two employers and future employer
  101. Procedure for Porting a Priority Date from One I-140 to Another
  102. Changing from EB-3 to EB-2 Category
  103. Changing Jobs During Green Card
  104. Concurrent AOS filing for EB-2 Physical Therapist
  105. Obama's Immigration Action EAD At I-140 Stage
  106. Cross-Chargeability
  107. Writ of Mandamus for Govt. Delays
  108. Indian Experience While Filing PERM
  109. EB-2 or EB-3
  110. GC in L1-A Visa
  111. EB-2 and 3+2 Pattern of Education
  112. Exhibiting Immigrant Intent

EB4 Green Card (1)

EB4 category is for religious workers.

  1. Green Card Without Employer's Support
  2. Foreign Labor Certification Questions and Answers
  3. Registered Nurse
  4. DS-260 Immigrant Visa Electronic Application
  5. Employment Based Self Application
  6. Contacting USCIS when EB-3 is Changed to EB-2
  7. Ability to Pay Wages when Priority Date is in the Middle of the Year
  8. Completed Master's Degree in One Year
  9. Premium Processing for EB-1-3
  10. O Visa Applicant Applying for Green Card
  11. VisaScreen
  12. Green Card for RN
  13. EB-3 category
  14. I got my BSN in the US
  15. Job Change after I-140
  16. Visa Retrogression - Nurses
  17. LPN applying for green card
  18. I am an International student, with F-1 visa
  19. EB3 to EB2 and I-140 Refile
  20. EB1 Extraordinary ability
  21. How can I qualify for EB-1C/International Managers or Executives
  22. Effect of immigration proclamation/executive order on green cards
  23. Time of stay and definition of a manager/executive employee for L-1A and EB-1C
  24. Parents’ birth certificates
  25. Changing Employer After Receiving Employment Based Green Card
  26. Options for Career or School, While Employment-Based Green Card is Pending
  27. Continuing Employment-Based Green Card While Moving Outside the USA
  28. Being Without a Job on AC21
  29. How Can I Downgrade from EB-2 to EB-3 and Consequences
  30. Porting Priority Date from EB-2 to EB-1
  31. Green Card Based Upon Investment – EB-5
  32. Section 245(k) Protection During AOS/I-485
  33. Can EB-2 Approved File For EB-3
  34. EB1-A
  35. Change in Job Title after Getting a Green Card Approval
  36. Filing EB-1C, International Managers or Executives Green Card
  37. Latest Development for Employment Based Immigrants
  38. Questions Asked in Consular or Adjustment of Status Interview for Employment Based Applicants
  39. Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
  40. Current Immigration/Visa Options for Entrepreneurs
  41. Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
  42. Protection of Section 245(k) for Employment-Based I-485
  43. Child Status Protection Act in Employment-Based Petitions
  44. Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
  45. Filing green card through multiple categories or employers and/or family simultaneously
  46. Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
  47. J-1 Physician applying for following to join after waiver
  48. Effect of Divorce on Employment-Based Immigration
  49. EB-1C Green Card For International Manager Or Executive
  50. EB-1A Directly from India and Green Card
  51. Remedy for Denial of I-485 AOS
  52. What is I-485 Pre-adjudicate/Pre-adjudication and How soon must I join my future green card employer
  53. October 2015 Visa Bulletin Confusion FAQ's
  54. Green card through a future job
  55. Requirements for Extension of H-1 beyond 6 years
  56. How soon can I change employers after getting green card?
  57. Green card through two employers and future employer
  58. Status of the H-4 EAD regulations
  59. Filing PERM using experience gained with same employer
  60. Procedure for Porting a Priority Date from One I-140 to Another
  61. Changing from EB-3 to EB-2 Category
  62. Changing Jobs During Green Card
  63. Change in Job Titles/Duties During Green Card Process
  64. Obama's Immigration Action EAD At I-140 Stage
  65. Obama's Immigration Action - EB-3 Quota
  66. Discrepancies In Date Of Birth Information
  67. EB-1C (Multinational Manager) Eligibility and Clarifications
  68. Travel During Pendency of I-829
  69. The pending rules for EB-1
  70. EB-2 or EB-3
  71. GC in L1-A Visa
  72. EB-2 and 3+2 Pattern of Education
EB1 Extraordinary ability
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Impact of the new I-140 regulations
My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016. Employer A sent revocation of my I-140, on USCIS website today is showing below status: "On December 7, 2016, we received your correspondence for Form I-140 …" Will I still be eligible for 3 years of multiple H-1 extension with my approved I-140 from employer A without filing new I-140?
Writ of Mandamus against delay
I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

EB-1C for Functional Managers - Overseas Team Inclusion
I had few questions on EB1C filing; - I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India. - I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project. 1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members 2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc. 3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
Outstanding researcher
I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

I cannot think of any stage at which you cannot travel. Good luck!

US embassy denial
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?

It is unlikely, but possible.

The pending rules for EB-1
Are they changing the law for EB-1? What is the change?
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations.
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
Employment Based Self Application
1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow. 2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Contacting USCIS when EB-3 is Changed to EB-2
How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?
L-1A to EB-1
I am on L-1A (been about 4 years) from company A and in closing stages of getting a very good offer from company B. Both A & B are global corporations. For company A, I oversee business across continents (Both North America & Latin America). Company B is very keen on having me on board. 1. What are all the possible options on visa front so that I can join company B? 2. What is the quickest option that can help me get on to company B? 3. If I want GC, can company B file for it when am still on payroll of company A - if so, can it be EB-1?

Since A and B are not related, H-1B is the only obvious option to join B. B can start your green card even before you join, but it will not be EB1 (international manager/exec.).

L-1A Visa and Green Card Application
What is the chance for a L-1A visa holder of 9 years experience (2 years in USA) to qualify for a EB-1 category. Catch here is the original company which provided the L-1A visa will not apply for GC. Can I apply for GC myself in EB-1 category?

You or any company not a part of the L-1A employer cannot apply for green card based upon your international manager/executive status.

 

Premium Processing not available to multi-national executives and managers
Why is Premium Processing not available to multi-national executives and managers? To exclude this group of aliens seems arbitrary and counter-intuitive.

USCIS has not yet finalized the system and has not announced when it will begin.

Premium Processing for EB-1-3
Has USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

L-1 A to Greencard
I work for company A for the last 7 years. I have been a manager with the same company for 5+ years. I am now in US for past 1 year on L-1 A Blanket visa. My current employer is not agreeing to file my GC. Some one told me that the scenario listed below is possible. Scenario: Identify a new employer who is ready to sponsor my GC. Since GC is about future permanent employment, that employer can directly file my EB1. I can join the new employer once my EAD comes through. Is this possible?

Not entirely true. The GC IS for a future job. An employer CAN, based upon a good faith intention to hire you in the future, file a GC for you even while you are not working for them. But, an EB1 for an international manager/executive can only be filed by a company related to the company you worked for when you were outside USA.

L-1A holders trying for EB-1
I have 6 years experience with the same company with 4 years experience in US itself. I am on L1A visa and I have only a 4 year Bachelor Computer Science engineering degree. What GC category will I fall under?

L-1A holders should try under EB1. You could be done in a year.

Green card for L1-B or L1-A holders
I currently have a L1-B visa and I'd like to know if the company where I work(a Brazilian company where I did work for 2 years, one of them in a managerial position before coming to the U.S in 2009) could apply to change my status from L1-B to L1-A at the same time as filing my GC application. The company is a giant in Brazil with 600 employees but we are still starting the operations in the U.S and I'm the only employee here.

Smaller companies can have a tough time getting an L-1A.

EB-1: 1 year in 3 years preceding the petition
I have been with the same company for 4 years as a manager (overall industry experience 11 years today). I joined the company in India, stayed there for 1.5 years, moved to US 2.5 years back. I read that "1 year employment outside the USA should be in the 3 years preceding the petition". All of my 12 months does not fall into the last 3 years. What are my chances of qualifying for EB-1?

There may be an exemption if you continued working with a related company ever since you came to USA.

EB-1 for a visual artist
I am a visual artist and have the master degree in art. I exhibited in several countries including US , Canada , Greece etc..33 Years old..Worked as an assistant professor in Germany duration 1 year. Can I apply for EB-1?

That by itself may not be enough. You need to have evidence of sustained national/international acclaim.

EB1 - stay requirements
Is there any rule that necessitates an EB1 Green Card holder to stay for a certain number of days in the USA every year? I travel frequently to various parts of the world for concerts or professional business. Will this impact on my Green Card status in anyway? I still file my taxes in the USA though.

All green card holders are required to make USA their permanent home. Otherwise, their green card can be taken away. Look into the option of reentry permit.

EB 1 approvals
I am Physician turned Business man in Pharmaceutical business feild with outstanding acheivements and almost 8 international and national awards in recognition of my contributions in the feild of business. I live outside of USA and got my EB1 approved in 21days time in Dec 09. I am looking forward to Consular process now. However, it is taking so long and I applied for I-824 now requesting USCIS to forward the copy of EB1 Approvals to NVC for consular processing. I would like to know how long it might take for me to obtain my Green Card and start living in the United States.

Typically, anywhere from 5-6 months to a year.

L1A to EB1 from outside USA
I have completed 6.5 yrs in L1A in managerial role. Now the same employer wants me to stay outside of USA for few months. 1)Can we apply EB1 while being outside USA? 2)Do we have to apply for L1 A extn for remaining 6 months of 7 yrs while applying for EB1? 3)Can a new employer sponsor L1A and apply for EB1 while entering the country?

EB1 can be applied while you are outside USA. A new employer can sponsor only after you have worked for them for one year outside USA.

Chances of L1A to EB1
What is the chance for a L1A visa holder of 7 years to qualify for a EB1 category. Catch here is the original company which provided the L1A visa will not apply for GC. If the person moves to another company on H1 Visa can the new company file for GC under EB1 based on the previous 7 years of L1A status .

No, sorry. The basis of an International Manager's or Executive's EB-1 filing is that you must have been employed abroad with a related company for one year. Since you will not be able to meet that criterion, I do not see how that type of EB-1 can be filed through a new company.

EB-1 Visa Processing for medical doctors
I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?

Number of publications, impact factor of journals and number of citations - that is what they look at these days.

Outstanding researcher
I'm a researcher at a university and I will probably try to apply for EB1, Outstanding Researcher. I'm currently on an H-1 (since Oct. 2007). Are there certain stages in the process in which I won't be able to travel outside the US?

I cannot think of any stage at which you cannot travel. Good luck!

EB1 Extraordinary ability
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

Considering EB-1 application (research)
I have been working as part of a research group in a bank over the last 4 years. I am a ranked research analyst on wall street and My work has been quoted in popular media, our research has been uploaded to government organisation webpages and have been referenced by government officials. I have also published 50+ articles over the last 2 yrs. The catch is that I may be moving from a research role to a trading role (my primary function will not be research). What do you think my changes are for EB-1 (b) and would this change totally eliminate me from applying?

There are two ways to approach this: Extraordinary ability alien (where the position need not be connected with research) and Outstanding Researcher, if you intend to go back to research upon approval of your green card.

If my company applies EB1
If my company applies EB1 this month (Aug, 09), and everything goes well, by when should I expect my green card? What are the disadvantages of applying under EB1?

Too many variables. IF the priority dates remain current AND IF USCIS follows its average processing times and IF you file I-140 premium processing concurrently with your I-485, you MAY get green card approval within one year. I see no disadvantage.

I was married 9 years ago, getting divorced - EB1
I was married 9 years ago and am now getting divorced. My wife’s green card was granted on the basis of my EB1 filing. To ensure that her GC remains valid, is there a period of time that we need to wait after the GC approval date before filing for divorce? If there’s no such requirement, is it okay to state that we separated over a year ago (prior to the GC approval) on the divorce papers?

First rule of all immigration filings is to state the truth. As to how they will view separation, I do not know if there is any specific law on this out there. My GUESS is, separation is NOT divorce. There can always be reconciliation. Hence, she should be permitted to keep her green card.

EB-1 derivative green card delayed
My company filed an EB1 in 2005 for me; my wife was part of the same filing. I received my Green Card in April 06 but my wife’s application is still pending. We contact the USCIS every 6 month and each time they send a standard letter telling us to check back in 6 months. Actually, one time the letter said check back in 3 months but the last letter went back to the normal 6 months. She went for fingerprinting in 2006 and 2007 but we have not received any requests since then. Is there anything that we can do?
L-1B applying for green card
My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Is employment required for EB1 extraordinary ability applicants?
Does a person with EB1 Extraordinary Ability category I 140 approved , require employment letter during I-485 filing ?

The short answer is no, but it helps. An offer of employment helps to show that you will continue to work in your own field and that you can support yourself and your dependents (if any).

Investment based green cards
I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)

We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.

Obtaining H-1 Extension beyond 6 years
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

L-1B applying for green card
My company applied to change my status from L1B to L1A at the same time as filing my GC application. It was approved and the GC only took about 5 months

True. Converting to EB1 through an executive or a managerial job is the way to go. That way you can go thorough EB1 rather than PERM based process that takes several years.

Criteria for Outstanding Researcher/Professor Category

Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."

Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.

Pointers for EB1/NIW filings

The following pointers have emerged from recent cases and comments from USCIS:

1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.

2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.

3. Emphasize/document the "international" nature of your accomplishments.

Filing EB1 while EB2 AOS is pending

I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?

Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?

Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
 

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

Going to school while I-485 is pending
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
How can I qualify for EB-1C/International Managers or Executives
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july. 1.What is my success rate of getting L1A 2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA 3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
Effect of take over on L-1
I am a Manager of a resourcing company in India working for more than 2 years in the same company. Recently, a US company acquired us. Can the US company apply a L1A visa for me and subsequently a green card in EB1-C category?
Time of stay and definition of a manager/executive employee for L-1A and EB-1C
I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
Downgrading from EB-2 to EB-3
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

 

 

How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Porting Priority Date from EB-2 to EB-1
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
EB-1C for Functional Managers - Overseas Team Inclusion
I had few questions on EB1C filing; - I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India. - I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project. 1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members 2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc. 3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?
EB1-A
I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment. Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.

EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

Filing EB-1C, International Managers or Executives Green Card
I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. 1) Is this true? 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Can a Green Card be Started on F-1 Status?
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Filing green card through multiple categories or employers and/or family simultaneously
1. Can we file multiple green cards together? If yes what will be the side effect? 2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card? 3. Should job description match in EB-1 and EB-2? 4. What may all possible issues occur?
F-1 Student Directly Filing for a Green Card
I am currently working as a research fellow on F-1 OPT and my employer is considering filing for EB-1. My question is, can the transition be done from F-1 OPT to EB-1 and in case my application does not go through can I come back to renew my F-1 status to continue a Ph.D. in the future?

There is nothing in law that stops an F-1 student from directly filing for a green card. But, exhibiting immigrant intent while on an F-1 visa can raise some issues that should be discussed and planned for with your lawyers.

EB-1C Green Card For International Manager Or Executive
I am with one of the Indian MNC and I am working as Program Manager for last 4 years (L1-A). I would like to apply EB-1 GC through a future employer. What is the timeline and chances to approve ?

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members. One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition). My questions are: 1. Is there a category of Visa as EB1-A? 2. If so, is there a possibility for self - petition? i.e. without an employer? 3. If I file EB1-A, what is the waiting period? Approximate is adequate. 4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card? 5. If I apply for Green card on an EB1 A, how long generally with it take?

1.  Yes.  See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-a...

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Green card through a future job
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Considerations for AC21 job portability
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule - (1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B? (2) Do you advise to change using EAD or transferring H-1B? (3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/GtOqgqgEG6I?t=242

FAQ Transcript

Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

EB-1C (Multinational Manager) Eligibility and Clarifications
I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager. 1) Am I eligible for EB-1C (Multinational manager)? 2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)? 3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C? 4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?

Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer. 

Do I Qualify for EB-1
I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.

My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.

GC in L1-A Visa
I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. My Questions: 1. How long I need to wait to initiate the GC process? 2. Do I have a choice of selecting the type - EB-1 vs EB-2? 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC? 4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.

EB-2 Visa for a Veterinary Assistant
I live in Bulgaria and I have a Master's Degree in Veterinary Medicine. My question is can I get a EB-2 visa if I work as a veterinary assistant in the USA ?

You can qualify for EB2 only if two conditions are met:

1. Your degree is equivalent to a U.S. advanced degree (a credentials evaluation service needs to assess that under proper standards); and

2. The job requires an advanced degree or equivalent experience.

Contacting USCIS when EB-3 is Changed to EB-2
How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?
Green Card Eligibility Under EB-2 Classification
Is it necessary for a beneficiary petitioned for Green Card under EB-2 classification (based on a U.S Master’s Degree) to have a degree from an accredited U.S. university?

A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.

Completed Master's Degree in One Year
I have a Master’s Degree in Science. I have been awarded the final Degree certificate by the University. But I completed the conventional 2 year program in just 1 year. Will USCIS see my M.Sc degree incomplete?
Qualifying Degrees for EB-2
What degrees qualify for EB-2?

In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:

1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.

Trying for EB-2
Job requirement says BS in engineering + 5 years of exp. No alternatives mentioned in PERM. Educational qualifications: Diploma + AMIE + M.Tech Experience: 7 Years exp. post M.tech from previous employer and 5 years from current employer. Does this can be classified under EB-2 for the above job requirement keeping AMIE degree in view? Would it be any issue during I140 regarding the education?


The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.


Eligible for EB-2
I have a 4 year bachelor's degree from India and 7 years experience. My company has applied for GC in EB-3 and my I-140 is approved. My PD is Sep 2010.My company name is now changed and they are saying that the process has to be restarted from the perm but I can keep my same PD.I checked with the lawyers to see if I'm eligible for EB2 and they said no. My job description says bachelors' degree and 3 or 5 years of experience and hence the lawyers are saying no. Their argument is that the USCIS will deny the application indicating that the job could be done by a person with 3 yrs experience. Am I qualified for EB-2?
Restart the green card under EB-2 category
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

Avoiding PERM through EB-2 category
If one applies through EB2 category can the PERM also be avoided then?

You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.

EB2 Master's equivalency and employer
Regarding EB-2 application, which is more likely to be approved (or faster), the Master's equivalency (BS graduate to be evaluated in a university to be master's equivalent) OR the 5 years progressive experience? There's only one Occupational Therapist that I know personally who was approved and it was through the Master's equivalency (she didn't even have 5 years experience). Also, would it rely/depend on the employer's capability to support documents or does it also depend on how meticulous the lawyer is with the details to be submitted in the USCIS?

It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.

EB-3 to EB-2 with the same employer
My PD is EB3 - Dec 2007. I have 3+2 years of education from India which is equivalent to US Bachelors. I have 3 years of experience before joining the current empoyer. Now I have more than 10 years of experience(including the experience with the current employer). I would like to know if I can apply again in EB-2 with the same employer using the experience gained from current employer.

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

Am I eligible for EB-2 or is it too early for green card
I am with a major US university as professor for only 9 months (H1B). Physician+PhD, 16 years professional experience in Europe, 20 papers, 1 book. Am I eligible for EB2 or is it too early to apply for EB green card?

You are certainly eligible for EB2 and you must apply as soon as possible. Professorial jobs can reuse existing advertisements if they file PERM within 18 months of when the job was offered to them. You should also have your resume assessed for a simultaneous EB1 application.

Do I qualify for EB-2 ?
I did three year bachelor of computer science degree from India in June 2005.Then I joined master of computer Applications program (M.C.A) in India in Aug 2005 (3 year program). While still being enrolled in masters degree program, I joined a full time job in a software company in Jan 2006. I was awarded master of computer applications(3 year degree)in 2008, until dec 2010 (5 years) I worked with the same company in a full time job. after i moved to us. Now I am working with US based company from 7 months as a full time employee.(total experience 5 years 7 months).Do I qualify for EB-2.
Chances to get EB2 with B.Sc.
I have B.Sc. from Israel(06/2002) At 10/2002 I started M.Sc. At the same time I was working as QA eng.(1.5 years) and was checking exercises and exams in university. I stopped my M.Sc. in the middle and joined the company I am working for till now. After 3 years I was relocated to US. Currently I am 4 years in relocation and decided to apply for green card. The law firm, my company works with, decided that I should be on EB3 path. What are my chances to get the EB2 with B.Sc.(Israel)+1.5 years in QA(Israel)+3 years development(Israel)+4 years development(US)?

Your degree must be equivalent to a US Bach. degree. Incomplete degrees are not counted for EB2.

EB-2 experience
I am currently on H1B and have I-140 approved on EB-3 with a PD of Oct 06. I have overall 9 years of experience, which includes 4.5 years outside current employer. However, I had resigned my current employer an year ago and worked for a different company for an year and then joined back my current employer in Aug 2010. Since I haven't been continuously employed with current employer, I am wondering if ALL years prior to Aug 2010 can be considered for EB2 qualification.

Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.

Switching Jobs after I-140 approval
I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12, 1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)? 2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

Green Card Expenses
For an employment-based green card application in the EB2 category, my employer has said that they would be willing to make the application if I am willing to pay for it. Can the employee bear the total cost of the entire process – including attorney's processing fees, filing fees for all stages, advertising fees, EAD, advance parole fees – from start to final stamping?

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).

EB-2 Question
I have 3 yr BSc(Computer Science)+ 2 yr MSc(Information Technology)from India and I completed my MSc on May 2003 and I am currently working for my current employer from July 2008 and my job description requires Masters degree + 2 yrs to perform the job. Overall I started my career from Jan 2000 - Till Date. Am I eligible for EB2 please let me know? Also can u explain, will I fall into this category 3 yr bachelors degree + 2 yr masters degree = bachelors degree + 1 year and would require 5 yrs progressive experience to qualify under the EB2?

You could qualify for EB-2 under BS + 5.

Job description for the EB-2
I've been working for the company that is sponsoring my green card for the past 2.5 years and some of the experiences/skills required in the Job Description were acquired working with this company. Is it valid to include those skills on the Job Description? Should I have acquired those skills before?

It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.

Perm process during OPT
I completed my master’s degree last summer and started working with a company from 2 months. I am in OPT status right now and I wanted to know, if I am eligible to file for Green Card process with my current employer. If yes can I file in EB2? I have 2 years IT experience in India If no, do I have to wait until I get H1b. Is the Green card process dependent on H1B?

This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.

EB-3 category
I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?

It is possible, but the green card will have to be started again from PERM.

Can I apply GC in EB-2 category?
I have BSC from India + 2 years diploma in NIIT (In H1 and L1 they considered my diploma as a master degree ..I guess) in India and 10 years of experience. Can I apply GC in EB2 category?

Diplomas are unpredictable. I think EB-2 is doubtful.

Am I eligible for EB2?
I have a BE (4 years) degree in Computer Science from India and have a work experience of 7.5 years in the related field. Am I eligible to apply GC in EB2 category?

You appear to be qualified for EB-2.

EB-2 category eligibility
I am working for one of the largest companies as mechanical engineer. I am shifting from Mechanical engineer to Product development engineer job within the same company. The job requirement is BS + 2-5 years of experience. I have Bachelors 4 Years, Masters in USA, Research Assistant 1 year 4 months, Teaching Assistant 10 months, Experience as a Mechanical engineer 3 years 7 months. Am I eligible for eb2 category?

The minimum requirements for the job are 2 years exp. This job does not qualify for EB-2. You do.

EB-2
I have 3 years bachelors in computer science and 2 years masters in computer science in India..My education evaluation says masters..so is it possible to apply in EB-2?

It is possible, but your lawyers must assess which route is best for you: evaluate the two degrees to be equiv. to a Bach. and use Bach + 5 for EB-2 OR just use the Master's degree (risky).

EB-2 eligibility
I have a 4 years Bachelors Degree in Civil Engineering and I am working in IT Industry for the last 13 years with documented progressive experience. Do I qualify for EB2 or EB3?
Accredited degrees
I have a 2 years B.Com from back home & a CA. I have 10yrs of Account exp, plus a CPA. My firm's lawyers refused to file EB-2 & insisted on EB-3. I know two people form another account firm with the same credentials (even same university) who filed EB-2 & got GC. When I got my H1B, I got foreign credentials evaluated & received equivalence to BBA (Accounting & Finance) based on B.Com & CA. But Lawyers insisted that for GC process USCIS won't consider CA.

Your lawyers are right in that CA is not accepted as education by USCIS. Speak with a credentials evaluation agency about Master's degrees.

Can I change jobs and file PERM and I-140 under EB-2
Can I change jobs and file PERM and I-140 under EB2 instead prior EB3 with the new employer. How risky the situation is? I can stay with my current employer, but it is going to take at another 3 years to get my GC under EB3. My PD is Feb 2007.
EB-2
I have a Masters in Biomedical Engineering and work in a company that implements eQMS for Biologics, Med Device and Pharma companies. I work as a Senior Consultant. If I apply for my GC, would it qualify for EB2? Also, once I start the application process, if I leave my employer and join another employer, would I have to restart the GC process from the new employer?

You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.

Job Change after I-140
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Filing EB-2
I have a BE (4 yrs) from India and MS (2 yrs) from US and have 2 years work experience. I have to start my green card process in 2011 and I have good chances of promotion to senior engineer also next year. 1. Should I wait for the promotion before starting GC process in order to qualify for EB2? 2. My company has a requirement of BS+5yrs exp for senior level. Will BS+MS+2 yrs exp be equivalent? 3. Should the job description specifically state BS+5 yrs OR MS+2yrs, or either is fine?

You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.

Eligibility for EB2
I have Bachelor of Business Administration (3Yrs) and Higher Diploma in Software Engineering (2Yrs) and 10 Yrs of Experience in which 7.5 Yrs of experience in required job description. Will I be eligible for EB2 Category?

Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.

EB2 Eligibility
I have to apply the GC under EB2 category. I have done my B.Sc(CS - 3 yrs) + M.Sc (CS - 2yrs) and having 9 years experience with Tech Architect - Lead(leading 5-20 peoples) position at this moment. My M.Sc(CS) has evaluated as US MS for H1 visa approval. Will I eligible ?

If your BS and MS are in the same field and are related to your work, EB-2 should work.

EB3 to EB2 Portability
My EB3 I-485 is pending with PD 06/2006. My company is willing to file the new EB2 as I have Indian equivalent Masters (3+3 years) and more experience as well as increased job responsibilities. Can I accept it and do the portability to get my EB3 PD? What is the minimum wage for EB2 category? Would my current company experience counts for new EB2 category? Any suggestions on the EB2 job responsibilities?

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

EB2 qualification with MS
I have MS in Electrical engineering with 3 yrs exp. The job requirement is for MS in Engineering + 2 yrs. Do I qualify for EB2?

Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.

Masters in Computer Science and EB2 eligibility
I have done my Master's in computer science in US and I have 6 months experience before joining my current company. Will I be eligible for EB2 category?

If the job requires a Master's degree - yes.

Regarding GC application after PhD
I am in my final year of PhD (Semiconductor devices) at a university in US. I did my MS in the same university. I have around 5 first author publications. The jobs in my area typically require a PhD, so I was wondering what are my chances of getting green card under EB-2 category (right after I get a job in the industry)?
Can EB3 PD be carried to new EB2?
I filed Perm under EB3 category on 1-Oct-2008. I got an audit. As per your current Perm dates, they are processing Aug'08 audits. Can I file with same employer under EB2? If yes, can I also keep EB3 file running parallelly. Is there a way for me to carry EB3 PD after I-140 Approval,if I file a new EB2? I completed 4yrs 2 months on H1B already. Please suggest me if I can change my employer now to file for EB2 or not. (If there is any way i can carry my EB3 PD for EB2 or not?). My lawyer said they can not change the current EB3 file to EB2 as they did not describe it for EB2 role.

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

EB2 - Eligibility
I have 3-year Bachelor's degree, Certified Software Architect, 15+ yrs experience(including current employer), 100K+ salary. Do I qualify for EB2 under Exceptional Ability/

Under EB-1, probably no. Under EB-2, unlikely, but have your lawyers review.

EB2 Schedule A question
My PERM application just got denied due to the recent layoff in my company. Can I apply EB2 (schedule A) to bypass the labor certification step? Will the recent PERM denial affect the Schedule A application? Is it ok to submit the schedule A application soon or I have to wait for a certain time period?

If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.

EB2 Qualification
I have B.Tech in Engineering from India. I have over 13 years of experience in IT.I am working as IT architect.My company is ready to process my GC.Am I eligible for EB2?

Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.

EB-2 with ChE MS + 2 yrs exp
I graduated from a 4 yr US BSChE program and a 2yr MS ChE program and have been working on an H-1B for the same U.S. University as a Research Associate for 2 yrs.All my publications (2-3) are still pending and I am secondary on most of them.What requirements would the position I am promoted to need in order for me to qualify for the EB-2?

You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.

EB2 eligibility
I did my BSc (3 years) in Computer Science From St Xaviers Mumbai. Then I did my MCA ( 3 years ) from REC Trichy. I have 7 years of work experience and all those years have been in IT industry.My company is going to file my GC for me. Am I eligible for EB2 category?

Yes, you are eligible for EB-2.

EB-2 with three years bachelor's degree
I have 3 yr Bachelor's degree (BSc) + 3 yr Bacheolor's degree in technology(BTech) from India and 8 years of experience. Do I qualify to apply for Green Card under EB2 category if the position requiers MS or BS+5 yr experience.

Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.

EB2 or EB3
I have 7 years of experience with 3year bachelors degree + 2year masters degree from India.Job for which my GC is being filed is Bachelors degree+6yr experience. As per knowledge from different online sources 3year bach. degree+2year masters degree+5years progressive,post-masters exp.- Is considered as EB-2 Professionals with Advanced Degrees.My lawyer is saying since my bachelors(India)is a 3yr program & US bachelors degree is a 4yr program so my case falls under EB3 & not EB2. She also specified that under EB2 category the educational degree must be from a "single source" & not from combination of degrees.

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

GC Processing and EB2
I have a Masters degree from US and based on the forum and Q&A I think I'd qualify for EB2 category for GC. I am with company A and am contemplating if I should go forward with GC processing or change the job. I am completing 4 yrs on H1 by this month end and would like to make an educated decision given the companies are not eager to hire on H1 if it is completing 6 yrs soon. Can you please let me know how long the process may take if it has to be initiated now? I would be interested in premium processing of I-140, adjustment of status and EAD.

For people born in countries that have an EB2 backlog, times can vary greatly from 3-4 years to longer depending upon a number of variables. One big advantage of getting at least to the I-140 approved stage is that you can carry your priority date to the next employer and get H-1 extension beyond six years.

EB2 and Clinical Specialist
I have a concern regarding EB2 application in my current employer, I will complete my 5 years experience next year and they are willing to promote me as a Clinical Specialist to count my 1 year and 1/2 as a staff/lower position with them to complete my 5years experience. My question is, is it possible that they could sponsor me for EB2 after they promote me as Clinical Specialist even if my 1 year and 1/2 experience with them?

Under the current law, it is possible to use the expience gained with the same employer if the labor certain job is more than fifty percent different from the earlier positions held with the same employer. Only a competent lawyer can help you assess the chances.

EB2 Eligibility
I want to know whether I am eligibile for EB2. Following are the key information. Is it a requirement to have 5 years experiences outside of US ? I have combined experiences of 6 years (US +India). Education - B.Tech (Electronics) in 2004 from India Experiences - 6 Years ( 3 years in India and 3 Years in US)

With a four-year Bach. Degree and more than five years of post Bach experience, you should be able to have a shot at EB2.

EB2, volunteer work counted as an experience?
I am an OT practicing here in the US and came from another country. I graduated with BSOT and had an OT VOLUNTEER work for 2 years in an adult setting back home. Would that count as a part of the 5 years experience? And from that 2 years, I was not yet licensed OT for the first 6months.

GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.

EB2 eligibility
I have completed my Bachelor's Degree in Computer Science Engineering (4yrs) and working as a Subject Matter Expert in US on L1B visa with a work experience of 4yrs. I have completed 2 Microsoft certifications and AICPCU certifications. Will I be eligible for processing Green card on EB-2 category ?

You will need 5 years of post-bachelor's experience. Certifications do not usually help.

If one has an approved I-140
If one has an approved I-140, does he/she to move to a similar job/position/field to save the PD?

No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).

GC and EB2
My GC application has been filed under EB3. 140 has been approved, PD-08/2008. I hold a MS degree from US and possess 5yrs work experience. I've recently been moved to a new role. While the role itself don't require a MS degree, will I be eligible to file an EB2 application if the role required a BS + 5yrs work experience? My Wife is an Indian citizen but was born in Kuwait and is on H4 currently. Is the concept of "Cross Eligibility" applicable to my GC application? If yes, how do we take advantage of it?

You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.

EB2 eligibility for advanced degree occupational therapist
I just want to know if I can be eligible for an EB2 visa…I have a bachelor of science in occupational therapy in the Philippines and I am taking up an advanced degree in OT online here in the US..the question is…can I apply for EB2 after I had finished the advance degree in OT?

In my opinion, if your job requires an advanced degree, you can apply for EB-2.

EB2 Priority Date Cross Changeability...
Let me first thank you for guiding hundreds of us with your valuable advice. My sincere thanks to you. I have a question regarding the inter-changeability of EB2 prority dates. I'm an Indian citizen and my wife is a Russian citizen, born in Russia. She will be filing as my dependent on my green card. I read on some online forums that I can user her country's priority date ("current" as of today) for the green card. Is this correct?

Yes, that is correct. This is referred to as "Cross Changeability."

EB2 for a State job
I have been offered a state job, whose requirements are a Bachelor's degree with a 1 year experience. However, I have a US-based Master's degree. From what I understood from the text above, my green card can not be filed under EB2. I have talked to my employer about it and they have indicated that they are willing to help me in any way they can. If I were to request them to hire me in another position and advertise the new job requirements (Master's) after I'm hired, will I be eligible under the EB2 category?

You are correct. You will not qualify for an EB2 unless the job also legitimately requires a post graduate degree or Bach. with five years of experience at a minimum.

EB2 with online masters degree
I have done my 5 years of Bachelors(traditional school) in IT from USA and also my 2 years of MBA through distance education(online) from accredited(Accrediting Commission of the Distance Education and Training Council (DETC)) University in USA. I need to know if I qualify under EB2 Category(provided that job requires advanced degree). My employer wants to evaluate my Master degree because he thinks that Distance education is not recognized.

The key here is to find if the degree is accredited. Get together with the school.

EB-2
In order to qualify for EB2 under advance degrees, is it sufficient to have a MS degree from US univ or should the job requirement state so?

The job must also require (genuinely) EB-2 level qualifications.

PERM is approved under EB2
My PERM is approved under EB2. My education is 3 yrs Diploma+ 3 yrs B.Tech + 1.5 Yrs M.Tech + 8 yrs of exp at the time of PERM). All my education is from India. Do you see any problem with my education in I-140?

There are some variables. Generally speaking, if the BTech is supposed to be a 4-year degree and you got it in three because of your diploma, you should be fine.

EB2
Could you please advise the average time it takes to obtain GC through EB2 category? I've got Master's in International Business and 7 years of experience in the USA and EU. I got a job offer from the States and I would like to file the petition.

The biggest delay for most people is in the priority date movement. Check out the Visa Bulletin and the PERM processing times. That should give you a good idea.

EB-2 Eligibility
Had a question regarding the EB-2 eligibility.My Perm was recently approved in EB-2 category.Had a question about education before we file the 140. I've a bachelors in Computing from UK which was a 3 year course and after that I have a Masters from UK in the computing which was a 1 year course. My question- is this qualification eligible of the EB-2 category. Just want to ensure that there is no RFE in 140.

Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089

Cross chargeability
On H1B, born in India, EB2 I-140 approved but cannot apply for I-485 since PD is Nov 2008. Is cross-chargeability applicable in this case, if I marry GF who was born in country other than India/China? Is it OK if the GF is not here right now or on other visa category than H1B? Will marrying enable both of us to file for I-485 immediately?

Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.

US embassy denial
I have my EB2 approved by the USCIS, do I still get the chance to be denied by the US embassy for the consular interview?

It is unlikely, but possible.

PERM classification EB2
I am technology professional with nearly 9 years of work experience. I am currently working as a software consultant in a trading firm in the US and will be graduating from a part time MBA program (concentrations in Finance) this december. If I plan to apply for PERM next year, will I be eligible to apply under EB-2 US Masters degree, given that my MBA in finance will help in understanding complex financial principles and writing algorithms that support day to day trading? In this case, will my previous experience be evaluated?

As long as the job requires a Master's degree and you have earned that degree by the time you file your PERM, you should be able to get EB-2.

EB3 to EB2 and I-140 Refile
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business. 1. The new company B is in same County and State(but different cities). 2. I Will be doing similar or same work in a similar position. 3. H1B transfered from Company A to Company B. 1) Can company B use Company A Labor certicate and refile the I-140 again? 2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

10+3.5 years diploma + 3 years BS
I did 3.5 years diploma in computer engineering + 3 years BS in information systems (BITS). MY labor is in process under EB2 catageory. I am worried that my i -140 is going to denied because for my education. Mr. Khanna do you have any approval cases with diploma + BS.

I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.

EB1 Extraordinary ability
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

EB2 from EB3 qualification
I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Master transcript as degree
I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

When does education become ground for denial - EB-2
If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

EB2 Qualification
I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

EB2 Qualification
I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

Occupational Therapist and EB2
My wife has a Post Professsional degree in OT from a reputed school. However, we are not sure if she qualifies for EB2 processing similar to Physical Therapists. I think she has to file like any other profession and doesnot get special consideration that PTs get. Can you please clarify?

OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.

3 years of experience in IT field and completing a Masters degree - EB2
I am having 3 years of work experience. My intention is to complete my masters. Is it good to do MS with having 3 years of work experience.Please suggest me on this.Thanks in advance.

I assume you are asking whether you can process an EB-2 green card. The answer is yes, once you complete your Master's degree and take up a job that requires such degree or Bachelor's plus five years experience.

How can I qualify for EB-1C/International Managers or Executives
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july. 1.What is my success rate of getting L1A 2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA 3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
Downgrading from EB-2 to EB-3
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

 

 

How to get H-1B approved for three years, not shorter duration
1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. 2. Any particular documents needed for getting the H1b approved for 3 years? 3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? 4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
Options to Stay in the USA After Expiration of H-1B
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? 2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far. 1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling? 2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
EB-2 Approved - Applying for EB-3
I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
Not Worked for Green Card Sponsoring Company – – Fraud Implication for Naturalization/Citizenship
In Summary, * I worked for the same Company from 2004 to 2014 (2004 - 2011 in US on H1B, and 2011-2014 in India) * BUT, after Green card, I did not work for the Company in US. * I don't have even a single paycheck from US Company after receiving GC. * Since then, I have been working in a job with same job description that my GC was filed for. * All other history is clean. I have two US born children, Always paid taxes on time, no legal cases. I heard from reliable sources that under current circumstances, my case will be marked as fraud and there is a 99% chance that they will revoke my GC and deport me, as I didn't stay with the employer that sponsored my GC. Questions * Should I be really concerned? * What are my options? * I have the option of going back to the same employer now. Does that help? * If my wife applies for Naturalization instead of me, is that going to be any different?
How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Porting Priority Date from EB-2 to EB-1
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
Can EB-2 Approved File For EB-3
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
National Interest Waiver (NIW) Filing When Priority Date is Not Current
I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job. 1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously? 2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years? 3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?
Accredited University to get Master’s Degree to Process an EB-2 Green Card
In you previous Conference Calls you did mention that you did post videos on USCIS accredited Universities in USA. If a person is doing an MS or MBA in US he/she needs to do it from those accredited universities inorder for the educational evaluation to be done to achieve EB2 Status.Right now I have a 3 years of Bachelors degree from India and do not qualify for EB2 and I am in EB3. I wanted to do an MS or MBA in USA.
Change in Job Title after Getting a Green Card Approval
Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved. 1: Is there a website where we can check the status of labor if it has been approved? 2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval? 3: Can my GC application continue whilst being on H-4 visa? 4. Does the GC process, at any stage, require the applicant to be on H-1 visa? 5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Can a Green Card be Started on F-1 Status?
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Filing green card through multiple categories or employers and/or family simultaneously
1. Can we file multiple green cards together? If yes what will be the side effect? 2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card? 3. Should job description match in EB-1 and EB-2? 4. What may all possible issues occur?
Impact of the new I-140 regulations
My I-140 approved (India/EB2) from Employer A in June 2015, I joined Employer B in Oct 2016. Employer A sent revocation of my I-140, on USCIS website today is showing below status: "On December 7, 2016, we received your correspondence for Form I-140 …" Will I still be eligible for 3 years of multiple H-1 extension with my approved I-140 from employer A without filing new I-140?
J-1 Physician applying for following to join after waiver
I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?
Automatic EAD extension; I-485 EAD
I am in I-485 pending status based on EB2 and have been working on EAD since 2012. Under the new rules effective January 2017, I understand that I can file for EAD extension 180 days prior to expiration. Will EAD be considered extended automatically if the approval doesn't come before the expiration of my current EAD?
Processing Times Involved in NIW
If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Physician filing green card
1. I am a Canadian physician on an H-1B (never been on J-1) which expires June 30th, 2017. I am currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer. For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct? 2. In your experience, is 1 year enough time to complete the EB-2 process?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

Regarding Form G-884 (Returns of original documents)
I got I-140 approved and also got EAD with EB2 category in April 2012. I need to change my employer but my employer did not give me my green card paper like I-140 approval copy, labor code etc. I have only receipt copy of I-140 and I-485. I heard about USCIS form G-884 (Returns of original documents) which use to get all green card documents from USCIS. I have following questions to ask you. Based on G-884, can I get my all green card documents from USCIS without knowing my employer?

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

Green card through a future job
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

How soon can I change employers after getting green card?
I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

How to get a copy of I-140 approval
My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD. How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

Green card through two employers and future employer
I am in a very difficult/complex situation, the situation is as below: Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? : Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? : Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. : Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? : Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. : Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Procedure for Porting a Priority Date from One I-140 to Another
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Concurrent AOS filing for EB-2 Physical Therapist
Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

Obama's Immigration Action EAD At I-140 Stage
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.

I have heard that there is a proposal to allow filing of I-485 

Cross-Chargeability
I am working on H-1B. This week, I got my I-140 petition approved that was filed in EB2. I am Indian citizen born in India. My marriage is scheduled to happen in Jan, 2015. The girl is citizen of India and was born in Nepal. I have heard that after marriage, I would be eligible to file I-485 for both myself and my (then) wife, based on cross-chargeability rules. 1: Is my eligibility to file I-485 (based on the birth country of wife) and its approval thereafter dependent on discretion of USCIS? If yes, does USCIS generally approve or deny such I-485 petitions filed on the basis of cross chargeability rules? 2: Is there any reason due to which my wife and I would be denied from filing I-485 and there-after getting an approval of I-485 (leaving aside fraud matters)? 3: My fiancée is yet to get her passport made in India. I found that my fiancée does not have her birth certificate from Nepal. Is a birth certificate the only way to prove location of birth? If she gets her birth certificate made now, Does the USCIS create issues about a birth certificate made so many years after birth? 4: In my scenario (EB2 petition, primary applicant India born, wife Nepal born Indian citizen), How long (approximately) after filing I-485 would it take to get the green card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8

FAQ Transcript
Writ of Mandamus for Govt. Delays
Hello Rajiv Ji, Thanks for your time and responses (over the email). I have below questions. 1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks. 1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it? 1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again. 1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"? 2) I am using my EAD. My labor says "Senior Analyst" as my job title. 2.a) Can I accept a promotion with a director/managerial job title ? 2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects. 3) Can I switch to H1-B as a safe measure? 3.a) Does switching mean I am abandoning my GC? 3.b) Do I need to go out of the country for stamping or can I continue to work without going out? 3.b) what are the risks involved?

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

Indian Experience While Filing PERM
My current employer is failing the GC. Below is the job requirement. My total experience is with the current employer only (2.5 years in INDIA+4.5 years in USA) Job requirement: Education: Master’s degree, or equiv., in computer information systems or related field Experience: At least 1 year in position offered or in design defect fixes/enhancements I have US equivalent Master degree. My attorney said for the experience, we can show your current employer INDIA experience(2.5 years for which i worked in India for the same employer and came USA for the same employer). Can we show current employer India experience while filing PERM?

Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.

generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer. - See more at: http://www.immigration.com/comment/14003#comment-14003
EB-2 or EB-3
I have two Bachelor's degrees from US universities. A 3-year Bachelor degree in Science and a 2-year Bachelor's degree in engineering. Will I be considered for a EB-2 visa with this? In case I don't qualify for EB-2, my dilemma is that, I have worked approx 4 years at my current job. Should I wait another year to file EB-2 or should I just file EB-3 now? Also, do internships qualify when counting the number of years of work after school?

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

GC in L1-A Visa
I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. My Questions: 1. How long I need to wait to initiate the GC process? 2. Do I have a choice of selecting the type - EB-1 vs EB-2? 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC? 4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.

EB-2 and 3+2 Pattern of Education
I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

Exhibiting Immigrant Intent
I currently have a J-1 (for four more years, no HRR). I am thinking about applying for an EB2-NIW. The question is, if I don't get the EB-2, will I have problems with traveling with my J-1? Can the officers at the airport know that I was denied an EB-2 and thus showed immigration intent?

Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.

Contacting USCIS when EB-3 is Changed to EB-2
How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?
Premium Processing for EB-1-3
Has USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

Professional Experience for EB-3
I'm trying to apply EB-3 with skilled workers who have at least 2 years of experience. I worked with 1 firm for about 4 years after graduation. I would like to know all my experience from current firm does not count for my professional experience or not. And are there any alternative options to apply for green card?

Usually, we cannot use the experience gained with the same employer who is applying for the green card, UNLESS the job being offered for green card is more than 50% different than the earlier jobs for that employer.

Restart the green card under EB-2 category
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

EB-3 to EB-2 with the same employer
My PD is EB3 - Dec 2007. I have 3+2 years of education from India which is equivalent to US Bachelors. I have 3 years of experience before joining the current empoyer. Now I have more than 10 years of experience(including the experience with the current employer). I would like to know if I can apply again in EB-2 with the same employer using the experience gained from current employer.

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

EB-3 category
I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?

It is possible, but the green card will have to be started again from PERM.

Job Change after I-140
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

EB3 to EB2 Portability
My EB3 I-485 is pending with PD 06/2006. My company is willing to file the new EB2 as I have Indian equivalent Masters (3+3 years) and more experience as well as increased job responsibilities. Can I accept it and do the portability to get my EB3 PD? What is the minimum wage for EB2 category? Would my current company experience counts for new EB2 category? Any suggestions on the EB2 job responsibilities?

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

Can EB3 PD be carried to new EB2?
I filed Perm under EB3 category on 1-Oct-2008. I got an audit. As per your current Perm dates, they are processing Aug'08 audits. Can I file with same employer under EB2? If yes, can I also keep EB3 file running parallelly. Is there a way for me to carry EB3 PD after I-140 Approval,if I file a new EB2? I completed 4yrs 2 months on H1B already. Please suggest me if I can change my employer now to file for EB2 or not. (If there is any way i can carry my EB3 PD for EB2 or not?). My lawyer said they can not change the current EB3 file to EB2 as they did not describe it for EB2 role.

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

Changing to Skilled worker
My current employer is my first job out of college. They placed me in the other worker category. Is it true that they cannot move me to a skilled worker category becuase this is my first job out of college?

If the job requires a Bach. degree, you are entitled to the skilled worker/EB-3 category.

My wife filed for Skilled Worker
My wife filed for Skilled worker (EB-3(A)(i)). Can I apply for NIV to visit her?

There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.

EB2 or EB3
I have 7 years of experience with 3year bachelors degree + 2year masters degree from India.Job for which my GC is being filed is Bachelors degree+6yr experience. As per knowledge from different online sources 3year bach. degree+2year masters degree+5years progressive,post-masters exp.- Is considered as EB-2 Professionals with Advanced Degrees.My lawyer is saying since my bachelors(India)is a 3yr program & US bachelors degree is a 4yr program so my case falls under EB3 & not EB2. She also specified that under EB2 category the educational degree must be from a "single source" & not from combination of degrees.

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

EB3 to EB2 and I-140 Refile
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business. 1. The new company B is in same County and State(but different cities). 2. I Will be doing similar or same work in a similar position. 3. H1B transfered from Company A to Company B. 1) Can company B use Company A Labor certicate and refile the I-140 again? 2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

EB2 from EB3 qualification
I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Watch out - the prioirty date cut off in March was effective immediately

The April 2009 Visa Bulletin was issued on March 9th. The VB said the visa numbers for EB3 were unavailable with immediate effect (Philippines retrogressed to 2003).

This is highly unusual. The visa bulletin is a forecast for the month ahead and does not take effect immediately. But State Department says that this one was of immediate effect.

What does this mean?

How can I qualify for EB-1C/International Managers or Executives
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july. 1.What is my success rate of getting L1A 2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA 3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
Downgrading from EB-2 to EB-3
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.

Watch the Video on this FAQ: Downgrading from EB-2 to EB-3

Video Transcript

I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...

 

 

Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far. 1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling? 2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
EB-2 Approved - Applying for EB-3
I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Can EB-2 Approved File For EB-3
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
Can a Green Card be Started on F-1 Status?
I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
Compelling Circumstances EAD
I am on a H-1B Visa for past 9 years and have EB3 I-140 (2008 Priority Date) from Company A and EB3 I-140 from Company B (2014 Priority Date). I am now with Company C. I am Heart Patient and was operated for Heart By-Pass Surgery in 2013 and since then taking my regular Medicines (for my entire Life). I feel stressed on continually working for 40 hours a week and feel getting a EAD will be a god's gift and I can use this EAD to work at my convenience.
Administrative Review - EB3
I just had my interview with my family for an EB 3 application. Everything went well until the consul asked my years of working experience as a nurse. I only had a total of 21 months of working experience. Then she right away told me, "Oh I'm sorry, but your application is under EB 3 skilled worker since you are a nurse and you need to have 24months for you to qualify, I will have to send you to the releasing to give you further instruction." But having read all of these PERM law and provisions, why did the consul said that my case is for administrative review? Can somebody clear this up for me?

EB-3, whether for nurses or any other worker, requires either 2 years of experience OR a bachelor's degree.

Joining an employer after green card approval
I am a Canadian citizen and was staying in Canada from Feb2008 to Nov 2011. From Canada, I filed for CP EB3 with employer A and GC was approved for the same employer in September 2011. I entered the US in the mid of Nov 2011. Didn't join employer immediately after coming to the US. I told my employer verbally and assure him that I will join him in 2-3 months and He agreed to it. In December 2011 went to India for two weeks(due to father's death anniversary). After coming back from India took a break (needed time to heal. Didn't try or looked to join any other employer).And finally from February 2012 started working for employer A who sponsored my GC. I joined a different employer in mid of 2013. After entering US through CP EB3 in Nov 2011 and not working at all taking break and then joining GC sponsorship employer A. Will this gap (3 months) negatively affects citizenship application? Is it mandatory to join immediately? Can a new GC card holder legally stay without a job for a while immediately after GC is approved?
Canadian RN Planning to Migrate To US Through EB-3
I have a second degree in Nursing from the University of Alberta, Canada with a 6 yr continuous employment in Psychiatry through AHS. What are the procedure to apply either through the EB2 or EB3?

There can be no RN green card without an employment in the USA and clearing of the required exams/licenses in the USA. As to EB-2, that would depend upon whether or not the job requires 5 years of experience after Bachelor;'s degree (or a Master's degree).

Getting married when AOS I-485 is pending (following to join and other options)
My current status is AOS (Advance Parole) based on an employment-based EB3 green card filing with a PD of April 2007. I am an Indian citizen. My H-1B expired in 2007 and since then I have been working in the US on my EAD. My parents have found a prospective bride in India, so I am looking to get married soon and have her accompany me to the US after marriage. She does not have a US Visa. I have not found any information from any venue of getting married to an Indian girl from India in my current immigration status, except for hearing about Form I-824. Could you speak towards or confirm if indeed this is the process/procedure and its success rate or any caveat : filing Form I-824 to have my future wife added as a dependent to my pending AOS application, while she is still in India? And then subsequently filing my next I- 765 application and adding her as a dependent/spouse on the application. Once the EAD cards arrive then traveling to India and she could travel back to the US on her new EAD card?
The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Writ of Mandamus against delay
I am currently pending I-485 (EB3, skilled worker employment based, priority date Oct 2008) since April 2014. I submitted inquiries through congressman, they received a letter that my case is on hold indefinitely. Do you recommend filing Writ of Mandamus or would that cause a denial? What other actions can I take, I've submitted a case through the Ombudsman and met with a USCIS officer through Infopass appointment (who told me nothing). No RFEs have been issued for this case, I-140 was approved and fingerprinting done (twice, since first set expired).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

https://youtu.be/F0YZD8zWm88?t=333

FAQ Transcript:

Writ is simply order of the court or a formal order.

Green card through a future job
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Changing from EB-3 to EB-2 Category
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Obama's Immigration Action - EB-3 Quota
Does this impact EB-3 India wait times and also does this lift counting on family members/dependents for visa numbers /quota ?

Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.

EB-2 or EB-3
I have two Bachelor's degrees from US universities. A 3-year Bachelor degree in Science and a 2-year Bachelor's degree in engineering. Will I be considered for a EB-2 visa with this? In case I don't qualify for EB-2, my dilemma is that, I have worked approx 4 years at my current job. Should I wait another year to file EB-2 or should I just file EB-3 now? Also, do internships qualify when counting the number of years of work after school?

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

On-site Inspection as a Condition of Approving an EB-4
If USCIS conducts an on-site inspection as a condition of approving an EB-4 immigrant petition, what will this involve?

The on-site inspection may include the following:

1. A tour of the organization’s facilities and, if appropriate, the organization’s headquarters or satellite location;

2. An interview with the organization’s officials;

3. A review of the organization’s records related to compliance with immigration laws and regulations; and

4. A visit to the locations where the applicant will work or live.

Employment Based Self Application
1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow. 2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

EB-5 Investment-Based Green Cards
I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise. I had a few questions regarding the following: For EB-5 through Regional Center 1. What is the time frame for Investing the money? Does it vary per Project? 2. What is the general Return of Investment on these Projects? Does it vary per Project? 3. Can we withdraw the Investment earlier if the Project is a failure? 4. How much involvement is necessary/allowed in the management of the Project? 5. When can I start withdrawing the money after I get my Green Card? 6. Is there any agency/firm that evaluates the Regional Centers? For EB-5 Immigrant Investor through New Commercial Enterprise 7. Do the 10 people have to employed immediately or over a period of 2 years? 8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?
Applying for investment visa - regional investment center EB5
If somebody is without status in U.S.A can the person apply for investment visa?

Yes, of course. Especially when you are going through a regional investment center.

EB5 investment visa
For EB5 investment visa, can one of my relative living in USA gift me the $500K required to invest in a "targeted employment area"

I do not see why not. But check with a CPA about gift tax.

Investment based green cards
I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)

We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.

How can I qualify for EB-1C/International Managers or Executives
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july. 1.What is my success rate of getting L1A 2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA 3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
Green Card Based Upon Investment – EB-5
I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure.

Watch the Video on this FAQ: Green card based upon investment – EB-5

Video Transcript:

When you are doing an investment based green card first of all you have to look at these moving parts:

Filing EB-5 Investor Case With a Promissory Note Secured by Property In a Foreign Country
Is it possible to file EB-5 with 200 cash & 300K secured promissory note to be paid in next two years against Indian property?
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. 1) Is this true? 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

EB-5 Visa process
Question is, invested money is at risk although the process is approved in compliance to immigration. By the above compliance does it mean, that when the money is spent completely on the application (approx 560000 USD): 1) Is the conditional Green card guaranteed in 18 months for all cases, and 2) Will conditions be lifted on applying I-829 within another 30 months - guaranteed? 3) The intent of the query is, after spending so much, is there any chance of not getting the permanent Green Card, and if in case not approved, is the entire investment lost or it will be returned?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

EB-5 Investment Options to Restructure A Company
Can I just take over an existing business with the required investment and continue?

That depends upon how old the business is and how you wish to structure your ownership.

Green Card Without Employer's Support
Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

NIW Requirements for a Specialist Physician
Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?

NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."

Obtaining H-1 Extension beyond 6 years
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.

H-1 extension beyond six years can be obtained under two circumstances:

First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:

- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and

Criteria for Outstanding Researcher/Professor Category

Preliminary requirement: The applicants must be able to document at least three years of experience in teaching and/or research in the specified academic field and that they are "recognized internationally."

Generally speaking, experience in teaching or research while working on an advanced degree will not satisfy the three year requirement.

Pointers for EB1/NIW filings

The following pointers have emerged from recent cases and comments from USCIS:

1. Make sure you document the citation records (to show how many hits the journal gets), impact factor and circulation figures of the journals in which your publications appear.

2. (This we already knew) Recommendations from people who know you personally carry less weight than from those who know you by reputation.

3. Emphasize/document the "international" nature of your accomplishments.

Filing EB1 while EB2 AOS is pending

I am thinking about applying for green card under EB-1A or EB-1B. Currently I have an approved I-140 (2005, EB2). I have a few questions:
Q.a) Is the EB1A or EB1-B I-140 premium processed?

Q.b) Do I need to submit another set of I-485 with the EB-1 application even though the EB-2 I-485 are pending with USCIS?

Q.c) Which option would be better for me - EB-1A or EB-1B? I am currently an associate professor at XXX University.
 

Basic Criteria for Extraordinary Ability

This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.

National Interest Waiver (NIW) Filing When Priority Date is Not Current
I am a staff in University of Pittsburgh and still have 3 more years to complete 6 yrs of my H1B. H1B sponsorship is an issue for me getting a new job. 1) When I apply for a NIW -EB2, can I simultaneously apply for I140, EAD, 485 simultaneously? 2) Although the green card date for Indians with EB2 is not current, can USCIS approve my EAD much earlier ( may be within a year) compared to approving 485 which might take several years? 3) Further can I use that approved EAD to change jobs by bypassing H1B sponsorship?
Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Processing Times Involved in NIW
If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

Physician filing green card
1. I am a Canadian physician on an H-1B (never been on J-1) which expires June 30th, 2017. I am currently doing a 2 year fellowship. I'm contemplating pursuing the physician NIW process vs EB-2 through potential employer. For EB-2, my understanding is that I need to be eligible for a full-time physician position on the day the employer submits the ad. Since I won't complete my general residency until June 30th, 2016, my potential employer cannot begin recruitment until July 1, 2016, correct? 2. In your experience, is 1 year enough time to complete the EB-2 process?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

Do I Qualify for EB-1
I got my Ph.D. (biochemistry and molecular biology) and I have 3+ years of post-doctoral experience. I have 4 publications (3 lead author) in human pathogenic research. Could you please comment on my eligibility for EB-1 or NIW.

My best GUESS is probably not. While NIW/EB-1 should not be a numbers game: how many publications, how many citations..., but it often ends up like that. Given that if you had one publication in a premier journal like Science, that would could count a lot more than 5 or 10 publications in a lower impact factor journal.

Green Card Without Employer's Support
Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.

Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).

Foreign Labor Certification Questions and Answers
1. What is the Foreign Labor Certification Process? 2. How long will the employment-based visa process take? 3. Are there any employment-based immigration fees? 4. How do I find out the status of my permanent case?

1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.

Registered Nurse
I am a Registered Nurse. My employer filled an I-140 in January 2010 for me which was approved. My priority date is now current. Right now, I had to get a new employer because my former employer has decided not to continue the sponsorship because of economic issues. What are the steps my new employer has to go through to sponsor me for the green card.

1. Get an H-1 transfer.

DS-260 Immigrant Visa Electronic Application
1. What do I need to complete and submit forms online? 2. Where can I find the DS-260? 3. Can I answer in my native language? 4. Are all fields on the DS-260 mandatory? 5. What happens if I need to step away in the middle of data entry? 6. How do I access a previously saved DS-260? 7. Do I bring my DS-260 application with me to the interview?

1. You must have:
Internet access
Your NVC Case Number (refer to the message you received from NVC)
Your Invoice I.D. number (refer to the message you received from NVC)

Employment Based Self Application
1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow. 2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Contacting USCIS when EB-3 is Changed to EB-2
How do I contact the USCIS Service Centers to inform that a priority date is current, that an EB case has been upgraded from EB-3 to EB-2, or that dependents have been separated from the principal applicant’s petition?
Ability to Pay Wages when Priority Date is in the Middle of the Year
How shall ability to pay wages be determined when the Priority Date is in the middle of the year?

 

USCIS does not calculate ability to pay wages on a pro-rated basis. USCIS will accept proof to show that petitioners have paid the required wage, as shown on ETA Form 9089, for the relevant periods of employment. Additionally, the USICS will accept other forms of evidence, such as pay stubs, W-2’s, and 1099 forms.

Completed Master's Degree in One Year
I have a Master’s Degree in Science. I have been awarded the final Degree certificate by the University. But I completed the conventional 2 year program in just 1 year. Will USCIS see my M.Sc degree incomplete?
Premium Processing for EB-1-3
Has USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.

USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.

O Visa Applicant Applying for Green Card
I have an O-1 visa. Can I apply for a Green Card?

You may be able to apply for a Green Card if you meet the requirements of EB-1 (Aliens with Extraordinary Ability) based upon a job offer, or if a family-based possibility exists.

VisaScreen
I am Indian citizen, did Nursing accelerated bachelor from accredited university (4yrs course finished in 2 yrs)in USA, RN licensed for NY/NJ/VA compact states ,for H1 and Green card. Do I need visa screen certificate?

"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.

Green Card for RN
I am an RN with a TN visa from Canada. My wife who is an American Indian born in Canada will soon be sponsoring me. Will the fact that I have a visa speed up the process?

It will not speed things up, but filing for Adjustment of Status (which is available only to folks who are already in USA), makes it possible to continue to stay in USA while the green card process is in the works.

EB-3 category
I am on EB3 category and have been working in the IT sector for the last 6 years and one year ago I completed my MBA too. I am currently working as a contractor and using my EAD. I am on Adjustment of status right now. Is it possible to change my category from EB3 to EB2?

It is possible, but the green card will have to be started again from PERM.

I got my BSN in the US
I got my BSN in the US, passed NCLEX and got my employment authorization. I am currently on F1 visa, and working at a nursing home. I live in MN and it was extremely hard to get a job. How do I apply for a green card and what role will my employer play in this process? Is it going to cost my employer any money? And how long is it going to take to get a green card?

Your employer's role in this process is limited. You can pay for all expenses yourself. The length of the process is determined by the country of birth.

Job Change after I-140
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Visa Retrogression - Nurses
How can a F1 student after graduation apply for greencard at this time? Isn't there a retrogression problem at present? Are there any hospitals that are currently sponsoring foreign nurses? Secondly what other options are there for a recent nurse graduate (who is a foreigner) to get employment in the US?

An F-1 student could apply, but will not get the green card right away. I cannot provide a list of hospitals that we work with. That would be a breach of confidentiality in my view. Nurses typically use H-1B, H-1C, H-2B and TN visas.

LPN applying for green card
I am on F1 visa studying Pre - nursing classes. I am planning to do LPN, based on it can apply for H1 or green card? ? Is there any possibility for LPN to apply for greencard or only Registered nurses can apply for H1 or Greencard?

 LPN's can apply for green card, but only RN's get the the benefit of schedule A green card without labor certification. See this page also: http://www.cgfns.org/sections/programs/vs/

I am an International student, with F-1 visa
I want to know if I can take the Green Card in my future. I am studing in Nursing courses right now, but can i take green card if I finish my Bachelor's degree? Please send me a response.

That is how most students get their employment-based green cards. Once you become an RN, under the current law, it should be relatively easy to apply for your green card. There may be other options as well.

EB3 to EB2 and I-140 Refile
I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business. 1. The new company B is in same County and State(but different cities). 2. I Will be doing similar or same work in a similar position. 3. H1B transfered from Company A to Company B. 1) Can company B use Company A Labor certicate and refile the I-140 again? 2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

EB1 Extraordinary ability
I filed my EB1 and EB2 NIW together, EB1 was denied but EB2 NIW was approved. I refiled EB1. I am a physician at one of top university , with many publications, presentations and offers from top league universities. There are only 12 people in the whole US that do same thing as I do in my clinical speciality. However I do not have any awards. What are the chances that my second filing of EB1 may go through.

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

How can I qualify for EB-1C/International Managers or Executives
I was in USA on h1b for 11 yrs until august 2019 as senior software engineer and moved/transferred to Canada on September 2019 as software development manager, managing 5 direct reports plus 4 second level reports with the same company in USA and Canada. And now promoted as Director, software development projects support and maintenance, before completing one year as manager. Have I-140 approved and priority date is 2012 july. 1.What is my success rate of getting L1A 2. Also need to re-apply my green card in EB1C, do I need to be in USA or when I am in Canada my company can apply for this. And upon EB1C I-140 Approval can I get L1A and move to USA 3. Is this the correct time to apply EB1C in the next couple of months when 1 year completes or should I wait for visa ban to complete.
Effect of immigration proclamation/executive order on green cards
I have a question regarding the impact of the recent Executive Order on my parents' greencard application, which is currently underway. I’m a US citizen (India-born, recvd greencard via EB category) and have sponsored the greencard application for my parents, who live in India, via consular processing. I-130 is approved, and we filed DS-260 and Form I-864 on 4/22 before EO was announced. Does the EO impact their case, or given it’s already in-progress (past I-130 approval), will it continue unaffected?
Time of stay and definition of a manager/executive employee for L-1A and EB-1C
I'm currently on H1B Visa with I-140 Approved. My Employer is sending to Canadian branch to work for 2 years. I have 1 person reporting the work to me (Offshore India). I'm not designated as a Manager. Upon return to US branch after 2 years completion in Canada. Does my application qualify for EB-1C category?
Parents’ birth certificates
I applied for my parents in September 2019, finger printing is done and we have received a RFE for I 485. Both have Domicile Certificates, School Leaving Certificates - which states their place of birth - but does not state their parents name ( I guess in 1960's it was not a norm to have parents name in such documents). Also if we check the US Dept of State - Visa Reciprocity and Civil Document link shows that there were no Birth Certificates prior to 1970. As mentioned below - is this a sufficient enough evidence that there are no birth certificates available at the time of my parents birth?
Changing Employer After Receiving Employment Based Green Card
Couple of months back I received Employment Based Green Card (H1b to GC) and my dependents received Green Card too (H4 to GC). I had the intention to work for the Employer who sponsored me for the Green Card forever during applying for the Green Card and during the Green Card Interview too. However after working for couple of months for the employer now I am feeling that I should be changing the Employer to a different one near to my home due to the following compelling reasons: I am a Heart Patient and facing Health Issues due to the Travel (4 hours flight travel) that I am making every week to work in the Employer's Client Location for work. And if I continue to perform my job this way I will affect my health. All the efforts I made to request a work near home did not materialize. I am planning to search for a new job near my home and if I get it I am planning to put in a Resignation to the present Employer stating the facts about my Health Problems and join the new one. My Question: 1. Will I face any issues now or in near future during I submit my Citizenship Application due to my employer change just after 2 months of getting the Green Card? If so what are the steps I should take to avoid it? 2. I am planning to save my Payslips / W2 of the Present Green Card Employer and my Heart Health records. Is there a Minimum duration that USCIS expects a Green Card Holder to work for the Green Card Employer?
Options for Career or School, While Employment-Based Green Card is Pending
I have been working on H1B for a IT consulting company ( employer A), at a client location. My employer will file for I 485 in about 2 months. I am thinking of a few alternatives and wanted to understand the scenarios in which my GC petition might get cancelled or denied by the USCIS or considered abandoned by me. What precautions I need to take if I follow any of the below scenarios. 1.Take a job with a different employer ( may or may not be same/similar to the job with employer “A” ) 2. Leave and join a graduate program full time ( may be after I get EAD, so that I do not have to change to F1 student visa) 3. Leave the employer A and leave the USA, go to home country, India. I may or may not take a job in India which may or may not be same/similar to the job with employer “A”
Continuing Employment-Based Green Card While Moving Outside the USA
I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. Questions 1. If Priority date becomes current during my stay in Canada then what are my options. 2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129. 3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else? 4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ? 5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
Being Without a Job on AC21
I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.

Watch the Video on this FAQ: Being without a job on AC21

Video Transcript:

Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...

 

 

How Can I Downgrade from EB-2 to EB-3 and Consequences
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Porting Priority Date from EB-2 to EB-1
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
Green Card Based Upon Investment – EB-5
I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure.

Watch the Video on this FAQ: Green card based upon investment – EB-5

Video Transcript:

When you are doing an investment based green card first of all you have to look at these moving parts:

Section 245(k) Protection During AOS/I-485
1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ? 2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?
Can EB-2 Approved File For EB-3
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
EB1-A
I'm on H1B visa for very long time working for Company A. I have founded a start-up company B while in H1B, and invested in it to launch 4 free Apps in the market. My spouse is having H4 EAD, and I hired her as Director to oversee the business, bank account etc. These Apps are very innovative and globally received lot of recognition. Now I have plenty of Media reports based on my Apps. I also wrote Innovative Articles that are accepted by Science and Engineering Journals about these inventions. I have 4+ qualifying criterias for EB1-A. So far I can confirm that I never made a $ out of these Apps or from my investment. Am I eligible for EB1-A, as I would like to make more more innovative and problem solving Apps, that would create jobs in the market.

EB-1A category requires a two-step analysis: quantitative and qualitative. In the quantitative analysis you must meet 3/10 requirements, or equipment. In the qualitative analysis, which is performed after that, your resume, in an overview, should look like that of a person who is one of the top people in your profession. 

Change in Job Title after Getting a Green Card Approval
Come to US on green card EB2 (future employment base GC) consular processing. At the time of green card consular processing interview my employer offer letter mentioned my job title as “Programmer Analyst”. My employer is a consulting company and after coming to US on GC, I got my first contract project at client location (while full time with my GC sponsoring employer) with job tilte as “Architect/Project Manager”. But is it having similar job duties as my GC employment offer letter? My question is at the time of US citizenship interview will it be problem because of different job tittle between (GC offer letter and actual contact project at the client site), but similar job duties?
Filing EB-1C, International Managers or Executives Green Card
I entered the US in 2014 on L1A, then changed employer mid-2015 on H1(previously held petition). In 2017 again changed employer in a role equivalent to International Manager. Can my current employer file my Green Card under EB1 category?
Latest Development for Employment Based Immigrants
What is the latest development for Employment-Based Immigrants?

In employment based the last step in the green card process is something called Adjustment of Status (AOS). If you are already in the United States in legal status it is done through the form I-485. Earlier employment-based applicants were hardly interviewed by the USCIS. You file the forms and you get your green card approval and maybe you might get an inquiry or two from the government and ultimately anybody going to the USCIS personally would get the green card approved.

Questions Asked in Consular or Adjustment of Status Interview for Employment Based Applicants
I am now in the last stage of Green card and attending interview in Consulate in India for Employment based green card interview. I have the recent offer letter from my employer. I saw from your 2012 blog you have mentioned that the employment based consular interview is difficult from foreign country consulate with some example. Has it improved anything better recently. What type of questions can I expect. Also I have recently relocated to another city in India because of which I have resigned my current job and at the same time waiting for this green card. I have not worked with the prospective employer till now but have the offer with recent date. So did not try for any job. I am an experienced person of 15 yrs exp and just out of job for the past 5 months. Will that hurt anything? Do I need to have one on one consultation with attorney better to be safe?
Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
I was on H-4 visa from Feb 2014 till Dec 2015. I was on H-1 visa from Dec 2015 to April 2017. In April my H-1B transfer got denied. Hence I applied for change of status from here (April 15 2017) and now my H-4 application is under process. In Dec 2016 (while I was on H-1B visa), I had applied for GC in EB2 category with my employer. My employer told me that my labor has been approved. 1: Is there a website where we can check the status of labor if it has been approved? 2: When can I file for I-140? Is it true that it has to be filed within 180 days of labor approval? 3: Can my GC application continue whilst being on H-4 visa? 4. Does the GC process, at any stage, require the applicant to be on H-1 visa? 5: I am planning to start Canada PR procedure. Will my GC application interfere with Canada PR at any point?
Current Immigration/Visa Options for Entrepreneurs
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians
We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. 1) Is this true? 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Protection of Section 245(k) for Employment-Based I-485
Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?
Child Status Protection Act in Employment-Based Petitions
I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+
Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
Filing green card through multiple categories or employers and/or family simultaneously
1. Can we file multiple green cards together? If yes what will be the side effect? 2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card? 3. Should job description match in EB-1 and EB-2? 4. What may all possible issues occur?
Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
J-1 Physician applying for following to join after waiver
I am a physician currently in H-1B undergoing 3 years of J-1 waiver program which is set to be completed on July end of this year. My husband got his greencard through E-B2 category (rest of the world) in early 2013 When I was still in J-1. My name was included in I-140 but could not file I-485 due to my J-1 visa. I have been married since 2006 and came to the US initially on H-4 visa before getting residency in J-1 visa. Is there a possibility of filing my I-485 directly without waiting for the long I-130 approval process? Or is there any exceptions for a situation like mine such that spouse happened to be in J1 and could not apply for a change of status at the time primary applicant applied for I-485?
Effect of Divorce on Employment-Based Immigration
I have been in US for the last 8 years and got GC employment based 3 years ago. I have 15 and 21 year old sons. My wife and I have differences on who manages my finances. I am thinking about applying for divorce. Just wondering whether divorce would have any impact on obtaining citizenship (either for me or my wife and children).
EB-1C Green Card For International Manager Or Executive
I am with one of the Indian MNC and I am working as Program Manager for last 4 years (L1-A). I would like to apply EB-1 GC through a future employer. What is the timeline and chances to approve ?

EB-1C green card can be applied only through an employer that is a member of your the group of companies that you are currently working for on L-1A. To apply through an unrelated company, you will need to go through EB-2 or EB-3 categories.

EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members. One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition). My questions are: 1. Is there a category of Visa as EB1-A? 2. If so, is there a possibility for self - petition? i.e. without an employer? 3. If I file EB1-A, what is the waiting period? Approximate is adequate. 4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card? 5. If I apply for Green card on an EB1 A, how long generally with it take?

1.  Yes.  See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-a...

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

Remedy for Denial of I-485 AOS
Today I have got denial on my I-485. Reason stated was "According to Visa Bulletin in effect on the date this application was filed , a visa was not available based on your established priority date and specific preference category" My category is EB2. Date of filing for this category is 1st July 2009. My priority date is 10th December 2008. I filed 485 application on 1/19/2016 and got receipt notice on 1/29/2016 I did my finger printing on 03/16/2016 based on USCIS schedule I and my family members also got EAD on 03/23/2016 I was surprised to see today’s denial reason. I filed 485 application based on Dates for Filing .e. 1st July 2009 for EB2 category. Not sure why they denied my case since Final action date is not current but I am sure I am eligible to file my application based on date of filing. Is there any way to appeal on this decision ? If appeal gets denied again is there any impact on my current H1B status ?
What is I-485 Pre-adjudicate/Pre-adjudication and How soon must I join my future green card employer
What is I-485 Pre-adjudicate/Pre-adjudication? How soon must I join my future green card employer? Situation - I have my EB2 India PD as March, 2008. I applied for I-485 in Oct 2014 (Future based GC application). My PD is not current as of yet but I have got an RFE for expired medical form I-693 ONLY in Oct, 2015.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/1QbgUmUUJvc?t=402

FAQ Transcript:

Question: What is I-485 Pre-adjudicate/Pre-adjudication?

October 2015 Visa Bulletin Confusion FAQ's
FAQ's Updated on 21 September 2015

FAQ's Updated on 21 September 2015 

Green card through a future job
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

Requirements for Extension of H-1 beyond 6 years
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years. Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months. I have the following two questions: 1. What stage do I need to reach on my GC process when the remaining time on H-1B ends. 2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

 https://youtu.be/3Heaadpk1Ik?t=273

FAQ Transcript:

How soon can I change employers after getting green card?
I got my green card base on EB-2 category. I got mail from USCIS mentioning they change my status in to Permanent resident. As well as I got my Green Card in mail this year March. But I filed my I-485 last year July.I want to change my employer. (New Employer offering similar salary as well as similar position ). Is there any legal issue. Do I have to worry about this junction ?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

Green card through two employers and future employer
I am in a very difficult/complex situation, the situation is as below: Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? : Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? : Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. : Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? : Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. : Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Status of the H-4 EAD regulations
Status of the H-4 EAD regulations

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93

FAQ Transcript:

This FAQ is about H-1 quota, how does H-1 quota work?

I think this is an issue important for many people.

Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.

Filing PERM using experience gained with same employer
I am working for company A, last three years. In order to file green card I need to use my current experience(3 years) as I don't have previous experience to prove. Can I leave the current job from company A, go to another company(company B) and work for few months in ( company B) and go back to my previous company(company A) so I can use the three years experience for GC process? How long I have to be out of company A to use that three years experience?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=813

FAQ Transcript

Procedure for Porting a Priority Date from One I-140 to Another
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category
I have my I-140 approved under EB-3 category, even though I have Masters Degree from accredited US University. Can I change it to EB-2 now?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card
I am still in the process of getting a green card. During this process I want to change my job from a present one to another one that is more challenging than the present one. Would this in any way affect getting the green card or is it advisable not to shift jobs now?

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Change in Job Titles/Duties During Green Card Process
I have I-140 approved with title business systems analyst. Promoted to director in the same job profile , H-1B amended to reflect the title but no new PERM filed as was explained by my lawyer that it is OK to have some career progression and more than 50% of job duties are same as old job. Now we are going to go through another re-org and probably I may not have the same title but senior business systems analyst . What are the steps 1. Do we need to file new perm or wait for the new law and apply H-1B reflecting the new title 2. Apply for EAD on the basis of existing I-140 approved as business systems analyst. Please advice..
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?v=3YV-qIlAEpI#t=8F

Obama's Immigration Action EAD At I-140 Stage
I am on H-1B Visa, got my I-140 approved in EB-2 Category and waiting for the dates to get current. Based on Executive Action, shall I be given any EAD ? Or at least any other forms so that I can travel and need not go for Visa Stamping and all the additional paper work.

I have heard that there is a proposal to allow filing of I-485 

Obama's Immigration Action - EB-3 Quota
Does this impact EB-3 India wait times and also does this lift counting on family members/dependents for visa numbers /quota ?

Obama's Immigration Action plan could impact all waiting time for EB categories. We are not clear how far or how quickly. There is no indication that the method counting green cards will be changed to One per family, instead of one for each family member in an employment-based case. President has asked for recommendations for improvement within 120 days. We shall see.

Discrepancies In Date Of Birth Information
Currently my I-140 is approved and now for the I-485 I need to present date of birth certificate. Problem is that DOB on certificate is correct and on all other documents including school, college, and passport and in all US records it is in correct. It started with wrong DOB in 10th certificate which was used in college, passport and finally all US documents. Now I went through all the channels and found the ways to change in passport and in all US documents. Question is what legal problems I should be prepared for and how it impacts my US records once it is changed. I am in US for last 7 years. I need to take decision on this as if it is worth doing it or just go back to India and may be forget about GC for this time. Really appreciate you taking out time for this kind of questions. Really appreciate you taking out time for this kind of questions.
EB-1C (Multinational Manager) Eligibility and Clarifications
I joined an IT company B abroad and worked for 1 year (Dec' 10 - Dec' 11). I came to US on H-1B (Dec' 11) and am still working with company A (it is the parent company of company B). In both cases I played the role of a manager. 1) Am I eligible for EB-1C (Multinational manager)? 2) In my case since I'm still with the parent company, does the 3 yrs start from the first time I came to US (Dec' 11) or will be from the current time (Oct' 14)? 3) Do software engineers (graduated in engineering) reporting to me qualify as professionals (EB-1C qualifying criteria for managerial role)? If not, what qualifies my role in the IT company as managerial and eligible for EB-1C? 4) What evidences are required from me / the employer to confirm my qualification for EB-1C and also makes it a strong case?

Looks like you should be eligible for EB-1C. In cases like yours, three years are not an issue, if I remember the rule correctly. You can apply. Engineers qualify as professionals. As to the last point about good evidence, let your lawyers worry about it. I cannot write a meaningful answer. 

Travel During Pendency of I-829
Is it a problem to travel outside the US after the temp GC has expired, and assuming the I-829 wouldn't get approved by then ?

When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.

The pending rules for EB-1
Are they changing the law for EB-1? What is the change?
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations.
The only PROPOSED change is that Outstanding and Researchers will be allowed to present evidence beyond the six categories stated in the regulations. - See more at: http://www.immigration.com/comment/13356#comment-13356
EB-2 or EB-3
I have two Bachelor's degrees from US universities. A 3-year Bachelor degree in Science and a 2-year Bachelor's degree in engineering. Will I be considered for a EB-2 visa with this? In case I don't qualify for EB-2, my dilemma is that, I have worked approx 4 years at my current job. Should I wait another year to file EB-2 or should I just file EB-3 now? Also, do internships qualify when counting the number of years of work after school?

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

GC in L1-A Visa
I have 14 years of overall IT experience and performing Manager, Service delivery role for past 3 years. Planning to enter USA in L-1A visa. I have a team of 30 resources, working in Chennai, Shanghai and San Jose. They all report to me. My Questions: 1. How long I need to wait to initiate the GC process? 2. Do I have a choice of selecting the type - EB-1 vs EB-2? 3. I don't have bachelors or masters degree. Will that be a barrier for applying GC? 4. Should I apply ONLY through my employer or can I apply myself

1. You can apply for green card without any wait.
2.

EB-2 and 3+2 Pattern of Education
I have a three year Bachelors from India and 16 years of experience in US. Currently I have a pending EB-3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB-2 or do I need to show progressive experience from the time I get my MS?

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.