Can I Continue to Work and Stay on the EAD Card after I-485 Denial? Question, My I-485 application is denied by a USCIS Service Center for a reason of employer pay ability. Can I continue to work and stay on the EAD card until the EAD expires? Also, can I appeal the I-485 denial? Answer, Generally, USCIS should send out a revocation notice on the EAD card upon the denial of the I-485 application. If you file an appeal of the I-485 denial and it is ultimately approved, then your work may not constitute unauthorized employment. However, under USCIS policy, a person is not supposed to work once the EAD has been canceled, or they send a notice revoking or canceling the EAD card. Merely filing an I-485 appeal does not enable a person to work on the EAD. That is a reason many people will continue to extend the H-1B status, even though it costs to keep extending it, especially on an annual basis after expiration of the the 6 years on H-1B status. http://www.greencardapply.com/question/question18/I-485_Denial_111818.htm http://www.greencardapply.com

Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin Question, In the U.S. Department of State’s monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? Answer, To provide those who are stuck in immigrant visa quota backlog with the benefits of a pending adjustment, and to reduce waiting time where possible, U.S. Department of State’s monthly visa bulletin provides "Date For Filing" and "Final Action Date" Previously, the monthly visa bulletin has served to update one date for each category of permanent residence applicant - the priority date cutoff. This one date determined whether you were eligible to submit your permanent residence application, and whether it was expected that there would be a visa number available, allowing your application to be approved. Now, the “Date for Filing” determines whether or not you can submit the final immigrant visa application, and the “Final Action Date” indicates whether or not it is expected that an immigrant visa number will be available. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants will be eligible to submit an application for permanent residence well before it is even possible for the government to approve that application. Therefore, those stuck in a backlog can get benefits of a pending adjustment - apply for a combined EAD/AP card, which provides employment and travel authorization. Immigrants holding an EAD can work for any U.S. employer, which provides significantly more security and flexibility than the employer-specific H-1B petitions that serve as the basis for many immigrant’s employment authorization. For family-based applicants, the EAD may be their first-ever work authorization in the U.S., so getting that earlier is a great benefit. Also, earlier filing of the final application means that employment-based permanent residence applicants will be eligible for AC21 portability earlier, meaning they can change employers, under certain circumstances, without being forced to re-start their permanent residence application from the beginning. http://www.greencardapply.com/question/question18/Department_State_Visa_Bulletin_111918.htm http://www.greencardapply.com

O-1 Visa Is Based on a Person’s Individual Qualifications Question, In my home country, our group of motion pictures once received a national award. Can I apply for O-1 visa based on this national acclaim as a leading member of the group? Answer, O-1 visas are available to people who have not only a job offer in the U.S., but proven extraordinary ability in the sciences, arts, education, business, or athletics. In general, the person must have received national or international acclaim in a particular field, or if working in motion pictures or television productions, have a demonstrated record of extraordinary achievement. O-1 visas can be given only on the basis of a person’s individual qualifications. Being a members of a group or team will not, by itself without other achievements, qualify someone for an O-1 visa. Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field. http://www.greencardapply.com/question/question18/O1_Visa_Qualification_120218.htm http://www.greencardapply.com

National Interest Waiver Requirement of "Substantial Merit and National Importance" Question, How to qualify for EB2 National Interest Waiver requirement of "substantial merit and national importance", in the Matter of Dhanasar. Answer, For Matter of Dhanasar of EB2 National Interest Waivers petition, USCIS requires that "the foreign national’s proposed endeavor has both substantial merit and national importance." The Dhanasar’s prong #1 requires substantial merit and national importance - focuses on the specific endeavor that the foreign national proposes to undertake. The substantial merit may be demonstrated in a range of areas including business, entrepreneurialism, science, technology, culture, health, or education. It is possible to establish an alien’s substantial merit without a demonstration of immediate or quantifiable economic impact, although such evidence would be favorable. To determine whether the proposed endeavor has national importance, USCIS may consider the potential prospective impact. For example, an endeavor may have national importance because it has national or even global implications within a particular field, such as those resulting from certain improved manufacturing processes or medical advances. USCIS will not evaluate prospective impact solely in geographic terms. Instead, USCIS will look for broader implications. Even ventures and undertakings that have as their focus one geographic area of the United States may properly be considered to have national importance. In modifying this prong to assess ‘national importance’ rather than ‘national in scope,’ USCIS seeks to avoid overemphasis on the geographic breadth of the endeavor. An endeavor that has significant potential to employ U.S. workers or has other substantial positive economic effects, particularly in an economically depressed area, for instance, may well be understood to have national importance. http://www.greencardapply.com/question/question18/NIW_Matter_Dhanasar_120318.htm http://www.greencardapply.com

The Status Extension and Employment after a H-1B Petition for F-1 Student Question, I am a beneficiary of an H-1B petition filed by an U.S. employer, and I am now in my 60-day grace period following the end of my OPT employment authorization. May I benefit from an automatic status extension? If yes, would I be able to continue employment? or will it just extend my grace period until the October 1 employment start date? Answer, The H-1B petition requesting for change of status has to be timely filed, which is defined as filing before your current nonimmigrant status expires. In addition, the duration of status while on OPT is defined as including the 60-day grace period. Furthermore, the USCIS rule also states that any employment authorization is extended if an H-1B petition is timely filed. Based on USCIS rule, if an H-1B petition with change of status is timely filed before your current F-1 status expires, then you may be able to take advantage of both the automatic extension of status and the automatic extension of employment authorization. http://www.greencardapply.com http://www.greencardapply.com/question/question18/H1B_Status_Extension_121618.htm

Do I Need to File Form I-485 Supplement J for Job Offer Verification? Question, I am prepare the Form I-1485 application based on the Form I-140 approval in EB2 National Interest Waiver category. Do I need to file Form I-485 Supplement J for job offer verification? Answer, If an alien applicant is filing Form I-485 based on a valid Form I-140 approval in an employment-based immigrant visa category that requires a job offer, the alien applicant will need to file Form I-485 Supplement J, and submitting a job offer letter. The Form I-485 Supplement J is required to: 1) Confirm that the job offered to you in Form I-140 remains a bona fide job offer, that you intend to accept once your Form I-485 is approved; or 2. This job offer must be in the same or a similar occupational classification, as the job offered to you in Form I-140 that is the basis of your Form I-485. In adjudicating Form I-485 Supplement J, USCIS does not make a determination whether you have current work authorization with an employer. The basis for adjustment of status to lawful permanent resident under a valid Form I-140 is not actual (current) employment. Rather, the basis is prospective employment. Therefore, the adjudication of Supplement J, for applicants requesting job portability is primarily limited to a determination of whether you have a bona fide job offer from a U.S. employer, that is in the same or a similar occupational classification as the position for which the underlying Form I-140 was filed and approved. But an alien applicant seeking or granted an EB2 National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of EB1 extraordinary ability do not need to file Form I-485 Supplement J. This is because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or granted classification as an alien of EB1 extraordinary ability or seeking or granted a EB2 National Interest Waiver of the job offer requirement do not have to file Supplement J when filing Form I-485. http://www.greencardapply.com http://www.greencardapply.com/question/question18/I485_Supplement_J_121718.htm

Could the Officer at the Canadian Border Deny my TN-1 Extension

Could the Officer at the Canadian Border Deny my TN-1 Extension Question: I am a Canadian citizen working in US. My current status is TN-1. My employer filed a labor certification application for me, and TN status will expire in a month. I am afraid that the Free Trade Officer at the Canadian border or the USCIS Service Center may deny my TN-1 extension, as I filed a labor certification application. What should I do? Answer: TN-1 is a temporary visa that needs intent to return to Canada upon completion of the one-year temporary work. Unlike the H-1B, TN does not enjoy dual intent. But filing of labor certification application does not in itself constitute such an intent not to return to Canada. In your case, you are in a very early stage of the immigration process, waiting for the labor certification application. Accordingly, you are not likely to face a serious problem either at the border or at the USCIS Service Center, in obtaining extension of TN status for another year. Just as with any important presentation, the key to a successful TN visa application at the Canada/U.S. border is preparation. Due to the high-stakes nature of the application process, many Canadian applicants are understandably uncomfortable with applying for TN status at a U.S. port of entry. With proper preparation and supporting documentation, though, you can effectively minimize the chances of your application being denied. The first step in preparing to apply for the TN visa is to ensure that you and the U.S. position you seek to fill are eligible for TN status. The most common reasons for denial are lack of evidence of eligibility, so it’s important to bring clear, concise documentation to your appointment. Most commonly, applicants encounter difficulties when they have forgotten educational records, or documentation from the employer that explains the position’s duties. http://www.greencardfamily.com/question/question2018/TN_Visa_Extension_062518.htm http://www.greencardfamily.com