WhatWentWrong
05-14 05:23 PM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
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we_r_d_world
09-18 02:45 PM
I know people work for county on EAD, but can one be employed by the US government on EAD?
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
I work for State government on EAD. My agency's HR didnot/does not have any knowledge, had to involve local Immigration lawyers and State immigration lawyers to educate them. I have to be forthcoming and provide/sign new I-9's whenever my EAD is renewed.
HTH
we_r_d_world
interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
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alterego
08-04 07:50 PM
I'm not sure, but it does not sound like something positive. The only positive might be that they are looking at your file instead of putting it in some warehouse somewhere. I came across this thread where people were discussing this issue last year. You might want to take a look, there apparently were a variety of guesses for this. However it might be some sort of internal check/audit.
http://boards.immigrationportal.com/showthread.php?t=258791
http://boards.immigrationportal.com/showthread.php?t=258791
more...
karthkc
03-27 05:27 PM
I am no attorney... but from my knowledge you are OK.
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
There is no official grace period rule on H1B transfers. Having said that, you are fine since the transfer period covers your status with the previous employer as you mentioned.
It is common for people to take a week or two off in between jobs so there is no reason for you to worry.
Cheers!
The h1b rules state that once you loose your job, you have 10 days to find another way to keep you in status or leave the country... and your situation, even if it comes to a point where you have to agree that you were out of job for that 5 days is no problem at all.
cheers...
pal :)
There is no official grace period rule on H1B transfers. Having said that, you are fine since the transfer period covers your status with the previous employer as you mentioned.
It is common for people to take a week or two off in between jobs so there is no reason for you to worry.
Cheers!
dg_247
05-19 05:37 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
more...
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03-28 03:08 PM
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mss007
02-24 06:59 PM
No need I-485 receipt.. I came on AP they didn't asked the receipts of I-485
even if they ask the copies are enough.
No need to worry if she has original AP.
even if they ask the copies are enough.
No need to worry if she has original AP.
more...
chanduv23
10-16 04:43 PM
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la6470
09-14 12:30 AM
bumping it up
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whitecollarslave
01-17 11:14 PM
Not normal, but what about I140 approval?. It is part of that and must be there. Did you apply I140 and I485 togther? If yes, it may be missing because of processing backlogs.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
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GSingh
06-19 01:01 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
more...
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mannubhai
05-19 11:14 PM
Hi,
I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.
My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?
I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?
I need your help and how can I make sure as I do not want to lose my job.
Thank you,
John
I think you will need a Visa.
I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.
Other members - please let us know if you are better informed.
I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.
My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?
I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?
I need your help and how can I make sure as I do not want to lose my job.
Thank you,
John
I think you will need a Visa.
I remember a bulletin from Murthy.com a few months back mentioning a rule where people going for first time H1 B stamping (from F1, H4) cannot get their H1 stamped in Mexico and the rule was soon to be followed in Canada as well. Please search the Murthy.com site for more information on this but i would advice going to home country.
Other members - please let us know if you are better informed.
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gchodhry
02-28 01:28 PM
Hi,
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
I am on L-1 Visa. My company is ready to apply green card and H1 visa as well. If my green card application is filed, then change in my visa status L1 to H1 is going to impact to my green card application?
In case I apply H1 from other employer, in that case what would be the impact on my green card application?
Please suggest.
Thanks,
Gagan Chodhry
more...
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abhishek101
02-08 11:44 AM
Yes you can using your I140, should not be any issue. Ask your attorney to do the paperwork, it should be straightforward.
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mrjonie
10-29 03:58 PM
I havent received my EAD/AP, only received receipts..i applied on Aug 15th.
more...
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gcformeornot
02-03 11:34 AM
I know he had no problems with Visa renewal. I think they are asking many PM/TL/CRMs to comeback and work night shifts and still manage US clients from India......
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perm2gc
12-30 01:29 AM
hello,
My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.
What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
Visa is required when you have to travel outside US and reenter again.You can get as many extensions as possible by the law.visa stamp is not a problem for your next extension.
My question is about getting the visa after 6 years. I know that you can apply for 1 year extentions each year until your case is closed. We have applied and were approved. Our attorney said we had 2 choices to get the VISA issued.Either we go to our country and get it or we can go to Bahamas for a day and get it. Apperently, Bahamas and US has an agreement and they do it very quick.
What happens if we do not get the VISA stamp on our passports? I mean we are working and do not want to leave the country,dowe still have to get the actual VISA? Do we have a problem next year when we apply for extention if we do not get the visa stampped this year?
Visa is required when you have to travel outside US and reenter again.You can get as many extensions as possible by the law.visa stamp is not a problem for your next extension.
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02-25 08:31 PM
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Feel free to PM me your email if you want a copy. :)
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05-01 10:11 PM
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10-12 11:01 AM
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