Priority Date

Substantial transcription for video: 

FAQ: I-485/AOS/AC21 issues in job through future employer - I-485/AOS; Reentry permit; New Priority Date rules; Priority date port and multiple I-485/AOS petitions; 
Discussed: H-1B extension using I-140 receipt; cross chargeability; Losing priority date when I-140 revoked; location change on L-1B visa; Porting priority date to a different job; Spouse of green card holder; H-4 EAD extension; Filing I-485 without employer; CSPA; Birth certificate issues; Petty offense exception; H-1B and maternity leave; I-485 through future employer; etc.

Substantial transcription for video: 

FAQ: Investing/doing business while on H-1

Other issues: green card approved during your absence from the USA, H-1 quota exemption issues, business visas, travelling on H-1 visa, company harassing employee, H-1 approval vendor, revocation of I-140 and priority date, J-1 Home Residency Requirement, H-1B with a three year degree or two three-year degrees, two visas on passport, CSPA for over 21 child, experience letters.

Changing from EB-3 to EB-2 Category

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

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Retaining PD

Employees retain PD even if the ol

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Locating A Long-Pending I-485 Application and Priority Dates

1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS.  It is advisable to follow up in case no useful answer is forthcoming.  USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.

It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Ability to Pay Wages when 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.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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