Frequently Asked Questions - Green Card

Evaluation of Foreign Degrees for Green Cards
What is USCIS’s policy on using evaluations of foreign degrees for Green Card purposes?

USCIS has verified that the education evaluation system that it regularly uses to evaluate the equivalency of foreign degrees to a US degree is the AACRAO EDGE database (edge.aacrao.org/). While alternate education evaluations can be submitted to USCIS, they must be documented with evidence as to why the alternate evaluation should be considered instead of the EDGE evaluation.

Out of Status
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ? I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock ) (Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )

A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'

Importance of having continuity of employment/pay stubs
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.

Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.

In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.

For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.

Status, authorized period of stay and unlawful presence

Status, authorized period of stay and unlawful presence are three VERY important concepts in US immigration laws with far reaching implications. The nuances in these concepts are so intricate that they can trip up even my fellow-lawyers. I see issues in this all the time.

Here is a brief primier to enable you to understand the basics. This is by no means an exhaustive analysis.

Status

H-1 without specific job/GC continuation without H-1


1. I don't have a work order or client letter to support my H1B extension which is expiring on 2nd June. Is it legally not allowed to file for H1B extension without this or to avoid RFE one need to support extension with this.

Permanent residency in more than one country
If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US? I am getting a very good job offer in Australia and would like to go try it out for a few months to see if its a good fit.

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

https://www.youtube.com/watch?v=3BDxO6-OQbc#t=375

FAQ Transcript:

The question here is can I have permanent residency in more than one country?