chintu25
08-19 05:45 PM
Excellent job guys :)
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gcdreamer05
08-18 10:03 AM
hi tx1 thanks for your reply.
But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)
This is why it caused confusion for me. (even after reading 485 instructions)
Also i read IV forums and saw attorneys recommend filing to the 485 pending center.
So that is why i posted this question to the attorneys.
But if we do a E-File and if we select where was your 485 filed and pending as nebraska then it generates a LIN recipient notice number which is nebraska. (even if you live in a state for Texas)
This is why it caused confusion for me. (even after reading 485 instructions)
Also i read IV forums and saw attorneys recommend filing to the 485 pending center.
So that is why i posted this question to the attorneys.
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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.
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go_guy123
03-04 10:06 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
more...
depleted uranium images. Depleted uranium
saketkapur
04-13 09:27 PM
Well I checked with my old employer's legal dept and the lawyer and they won't be revoking my 140........also since its a soft LUD so it should not be so far related to my layoff....
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:
Another day in paradise....... :rolleyes:
However since my employer will be informing USCIS of my H1B termination in 30 to 45 days I guess I will have to be on a lookout for an RFE by mid may....
In the mean time I have filed a new G28 through my own lawyer and am trying get into a job soon and file AC21........
Lets see who will win the race of paperwork and beurocratic bullshit...... :eek:
Another day in paradise....... :rolleyes:
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IneedAllGreen
09-21 02:31 PM
Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)
In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.
Good luck.
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
more...
depleted uranium images. babies Depleted Uranium
meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
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rorypirrie
02-24 10:24 AM
Now that you have all your documentation, the biggest hurdle would appear to be that you didn't mention the DUI earlier. I would possibly go ahead and contact an immigration lawyer but i'm sure this is an issue which can be resolved without affecting your application.
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ajay
12-24 11:38 AM
I have not informed uscis about the change although I updated my address in their website. As regards AC 21, if I am ready to file it my current employer said they will be ready to support it but I haven't started that process yet.
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visaspirant
10-21 11:50 PM
Your wife can't change her status because she is not currently maintaining status if the H-1B was approved as a change of status. CIS will only approve a change of status with proof that the applicant has maintained status. She needs to leave the US and return in H-4 status to effect H-4 status. She has been out of status since October 2008.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Thanks so much Elaine!
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India?
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
more...
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waitin_toolong
07-30 01:36 PM
My attorney says that I-485 should be filed at the same location where I-140 was filed (when I-485 & I-140 were not filed concurrently) Is this correct?
Yes
Yes
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YesWeWillGet
09-09 10:55 AM
Hello All,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.
I would really appreciate your feedback / inputs on this regard.
Thank you,
more...
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tabletpc
04-06 01:02 PM
Thanks guys for inputs...!!!
I have emailed to chennai consulate..hope they get back to me tomorrow.
I have emailed to chennai consulate..hope they get back to me tomorrow.
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wanaparthy
03-25 01:07 PM
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
Thanks
more...
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texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
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pappu
08-21 08:26 AM
"To speed up processing" seems like a standard reply for anyone whose case is transferred.
Once it is transferred, you may get the status message that says- "it is following normal processing time"
Once it is transferred, you may get the status message that says- "it is following normal processing time"
more...
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nc14
11-03 04:09 PM
I am a regular contributor.
reached $525 and doing $25 from last month onwards.
reached $525 and doing $25 from last month onwards.
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saint_2010
07-11 04:44 PM
Yes I did, but did not get a dual card. It says on the card - "Not Valid For Reentry to US" - my guess its not dual.
Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
Did you say 2007!? and you haven't rcvd EAD cards till now!. Did you check with USCIS?
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santosh19
01-23 02:07 PM
When you are switching employer with AC21 using H1B you can get a transfer to the new company for 3 years and get extensions from the new employer when that 3 year expires. So no worries... Enjoy
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
If your H1-B extensions are based off your I-140 and if you make the transfer to new company and for some reason the old employer revokes your I-140. I have no idea what implications would it have on your H1-B extensions ???:(
kevinkris
09-22 01:01 PM
it will not effect your GC..
what do you base this on
what do you base this on
USDream2Dust
06-14 09:52 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
Thanks in advance,
USDream2Dust
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