greencardfever
09-09 11:16 PM
Hi,
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
I know there have been numerous posts regarding this matter, but there have been a lot of different responses to the same question. I would really appreciate it if you could please have a look at the questions below and clarify these matters, not only for me, but also for a lot of other IV members who are in the same boat as me.
I am working for an IT consulting company on an H1B visa. My employer (Company X) has applied for my green card under the EB3/India category. I have my labor and I-140 approved. My priority date is March 2006.
If I change my employer, can I transfer my already approved labor and I-140 applications to my new employer (Company Y) or will Company Y have to re-file my labor and I-140 applications from scratch?
If it�s the former:
1) Will my old priority date get transferred too?
2) Does it matter if the Company Y is not located in the same state as compared to Company X?
3) Does it matter if my job description and/or designation at Company Y is/are different?
4) Is there any way Company X can cancel my labor and I-140 applications? If yes, does my old priority date become void if Comapny X does decide to cancel them?
5) Does Company Y have to communicate with Company X to get any green card related paperwork?
6) What if Company Y decides to wait for a couple of years before filing my green card, can I still use my old priority date when Company Y files for my green card application?
7) What if Company X goes bankrupt and closes down, can Company Y�s green card application still use my old priority date?
Any response will be greatly appreciated.
Thank you.
kshitijnt
12-02 06:29 PM
When your H1B application is pending, you have additional 240 days after your H1B is expired (if you filed extension).
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
When you entered using AP and H1B is pending your status will be Parolee and you have to work with somekind of authorization status (like EAD). at this time your H1 status will be lost and H4 will lost also. You and your wife will need to have somekind of legal status (like AOS).
BUT when you have your H1B approval (the started date usually begin after your H1B expiration date), you can ask your employer to record your work authorization using H1B and at this time you can file for H4.
my suggestion before you leave US is to file H1B extension from US and after you get H1B extension receipt then you will need to apply for H4 extension right away. With this case you don't have to go outside US and don't need to use AP.
ps : if this helps u, give me green ... :D
Thx
The H1 and H4 extensions can be filed at the same time.
vin13
07-14 09:22 AM
No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.
gchandu
12-08 05:09 PM
Hi Raj
You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....
Thanks
You waited this long and is really required to wait for another 4 + months. It is upto your best judgement but if i were you I will pass on these 4 months....
Thanks
more...
txh1b
08-20 09:41 AM
Paper filing as per the instructions, my friend got the EAD in less than 30 days from the date it was sent to TSC. He was kind of unhappy as he applied 120 days prior to expiry and had 90 days go waste (in terms of filing fees)
whattodo
07-09 10:53 AM
What does AC-21 have to do with verifying out of status? Can you give more details on how AC-21 affected his I-485?
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
Thanks
There was one case where in appeal his claim for AC-21 was upheld, but his job location was different from LCA location, so he was termed out of status on H1 and since his out of status > 180 days, his I-485 was denied.
This happened in early 2007.
______________________
Not a legal advice
more...
ita
11-13 10:26 AM
I spoke with A CSR at NSC and she said she could n't confirm if the address has been updated or not since it is private information and she doesn't have access to it.
I asked her about my EAD card.
She took my reciept# ,checked the status and asked me to give the new address and said she sent request for the card to be resent.
Is this how they do it ?
So do I need to talk to IIO to see of my address is updated or not?
Thank you.
I asked her about my EAD card.
She took my reciept# ,checked the status and asked me to give the new address and said she sent request for the card to be resent.
Is this how they do it ?
So do I need to talk to IIO to see of my address is updated or not?
Thank you.
inspectorfox
09-16 12:49 AM
I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!
more...
PD_Dec2002
08-27 04:53 PM
I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
this is very important.
Depends on who the primary applicant is.
Thanks,
Jayant
lvinaykumar
04-12 12:33 PM
cool. i was not able to find it
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Administrator2
12-05 04:22 PM
Here is a link to update your profile - you could pick a new state of residence.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
http://immigrationvoice.org/forum/profile.php?do=editprofile
Hope this answers your question.
Green.Tech
03-12 05:56 PM
If you are looking for career change PT MBA is not a good option,you can do PT MBA if you are typically further along in career, often on track for advancement to senior management and you need to balance heavy course load in addition to work and family. I'll be graduating this May from Wharton (Executive MBA) I'm already started getting lucrative offers from consulting firms but unfortuately my I-140 is still pending
So, will the new jobs "change" your job description to render AC-21 ineffective (similar or same category job etc.)?
So, will the new jobs "change" your job description to render AC-21 ineffective (similar or same category job etc.)?
more...
casinoroyale
08-22 09:42 AM
I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.
By the way, this is the only way one can re-instate their H1-B status after using EAD.
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
pmpforgc
12-28 11:06 PM
Hi
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.
more...
gc28262
06-06 08:08 PM
where can i download photoshop from?
Photoshop is expensive.
Here is an open source alternative for Photoshop
http://www.gimp.org/
Instructions on how to make a passport photo
http://www.robotgeek.org/articles/passport_tutorial/tutorial.html
I haven't used this though.
Photoshop is expensive.
Here is an open source alternative for Photoshop
http://www.gimp.org/
Instructions on how to make a passport photo
http://www.robotgeek.org/articles/passport_tutorial/tutorial.html
I haven't used this though.
gcnirvana
06-22 12:12 PM
If you have MS Office Document Image Writer installed in your system then after editing ur PDF, you can print it to MDI and it will save it as an .mdi format. You can take a print out of it later at your convenience. Only issue is, it saves it as an image and you cannot edit an .mdi doc :o
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
more...
kaisersose
05-29 11:57 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
java4yogi
09-18 04:04 PM
I checked with my employer, they mentioned that I cannot apply for SSN before Oct 1 and would only be eligible post Oct 1. Any ideas !
chansek
07-22 02:08 AM
rajeshiv, Thank you for your response. I mean, i used my personnel check (My Checking A/C with Chase) to pay the I-485, EAD and Advance Parole fees.
Please let me know if this cause any problems.
Thank you for all your help.
Please let me know if this cause any problems.
Thank you for all your help.
Rinsha
04-03 07:56 PM
Why is it still unaccessible? Are you guys experiencing the same?
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
txh1b
08-20 06:27 PM
Does she have a 485 pending as well?
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