makemygc
06-12 07:38 PM
See my response below:-
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:
1) Can I change the employer after I get my 3 year extension on H1 ?
Yes
2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?
Yes
3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
Yes
4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?
Once you have one labor file, which you already have, you can use that to get extension in your new company. I did the same. But since you already applied for 3 yr extension, you don't even need to worry about this thing. Simply transfer your H1 to new company and refile your labor and port the priority date.
I really appreciate your valuable inputs and help me out.
Thanks a lot!
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a_yaja
09-13 10:37 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
gc_on_demand
07-14 10:47 AM
I am aware of that backlog but just want to apply as a backup. I just want to know if applying for I 130 while I 140 is approved is there any conflict ?
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harsh
12-22 10:05 AM
you learn something new everyday. This surely is interesting.
more...
bbenhill
12-02 06:21 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
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
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
My wife is not on AOS status, she's only H4, what I am asking about here, if I used AP would this void her H4? Because as far as I understand, her H4 status will only be void if I used my EAD not AP
coolgc
05-08 05:13 PM
Thank you, indyanguy, morchu and Mr. Reddy for your insights. Since, I am working with the same employer, I think they will not revoke the old I-140. I am not sure if I have to do medical examination again if I decide to send a new I-485?. Can I ask the doctor to re-send the I-693 form?
Thank you again!
Thank you again!
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skp71
03-23 10:41 PM
But in this PDF doc. it says, "Specter and Frist Immigration Proposals May Increase EB Backlogs".
http://www.immigrationvoice.org/media/immigrationvoice_memo_hard_country_quota.pdf
http://www.immigrationvoice.org/media/immigrationvoice_memo_hard_country_quota.pdf
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snathan
05-13 11:32 PM
Hi Ruban,
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
I also have my H1B extension on Sep 09. Your replies are straight to the point and very clear. Thanks for you help and support.
When you find the answer is helpful, please click the thank you button for the attorney. It will add points for them.
Thanks
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pappu
12-17 09:57 PM
I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.
One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.
MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.
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solaris27
08-02 02:07 PM
write letters to congressman and fill form for ombudsman.
You should get ur GC.
You should get ur GC.
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perm2gc
11-09 04:33 PM
Your Approval Notice is sent to the attorny not to you.If the current one you have is original one from attorney then your wife has to out of country immediately and enter with I94 ...Please note I94 is the one that determines you status in this country...
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j751
10-24 01:41 PM
BTW what does Murthy charge?
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techbuyer77
06-12 08:21 PM
my lawyer said it was ok as long as I go back to work for them uon approval. GC is for future job, not current, according to USCIS Director memo.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
The problem is my previous employer is not doing well due to economy :(
so I might not have a job upon approval
Please do not imply I am doing something illegal, because it is not that way.
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JazzByTheBay
07-27 01:33 PM
Heard back from the attorney - filing after Aug. 17th.
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
Hi,
I have already filed my I-140 and 485 in May 2007 and my extension is due in Sept this year. Am I eligible for 3 yr extension or not and secondly my wife and daughter are using their AP so are they required H-4 extension or not
Neeraj
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GCard_Dream
04-12 07:26 PM
You may have a great idea but it'll never happen. Anti-immigrants will label this idea as "Green card for sale" and essentially that's what it is. Bush is also proposing the same for undocumented workers for 10K but conservatives aren't falling for it.
You can argue all you want that we have done everything by the book and have lived here legally all along but no one seems to be impressed with that argument and hence hardly anyone talks about relief to EB folks.
The only 2 topic that is ever discussed is H1B (for company's benefit) and illegal alien (big vote bank for politicians). Even if you propose 50K, I don't think anyone will listen.
It's fun to bounce around ideas, however, while we are waiting for our green card. :)
You can argue all you want that we have done everything by the book and have lived here legally all along but no one seems to be impressed with that argument and hence hardly anyone talks about relief to EB folks.
The only 2 topic that is ever discussed is H1B (for company's benefit) and illegal alien (big vote bank for politicians). Even if you propose 50K, I don't think anyone will listen.
It's fun to bounce around ideas, however, while we are waiting for our green card. :)
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rahulpaper
09-02 04:56 PM
If you like your current insurance and it has satisfactory service...you should just continue with same for that gap.
more info....
http://www.dol.gov/dol/topic/health-plans/cobra.htm
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
more info....
http://www.dol.gov/dol/topic/health-plans/cobra.htm
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
more...
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tikka
06-07 04:28 PM
please Contribute.
Iv Needs Funds
Iv Needs Funds
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mjadala
09-06 05:55 PM
Lack of communication between USCIS and DOL
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buehler
04-30 11:38 PM
eyeopeners,
Make sure that you work for your new employer only on a h-1. That way your spouse can be on h4. As for using AC21, in your case it is for continuing your I-485 processing and not for working for a different company. Make sure that you file your wife's 485 as soon as your dates become current. Hope that clears your doubts. (Also Don't use your email id as your user id. That is a sure shot way of getting plenty of spam)
sundarpn, you don't need any documents from your previous employer to file your dependent's I-485.
Make sure that you work for your new employer only on a h-1. That way your spouse can be on h4. As for using AC21, in your case it is for continuing your I-485 processing and not for working for a different company. Make sure that you file your wife's 485 as soon as your dates become current. Hope that clears your doubts. (Also Don't use your email id as your user id. That is a sure shot way of getting plenty of spam)
sundarpn, you don't need any documents from your previous employer to file your dependent's I-485.
wa_Saiprasad
01-24 12:41 PM
Maybe your lawyer should jump into the well or go back to school ;)
I guess you lawer should go to school again.
I guess you lawer should go to school again.
Eb3Pro
01-25 11:03 AM
Hello everyone,
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
I went online to check the status of my I-485 and it displayed me the following message
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
What does it mean? Does it mean that I-485 is approved.
Pls guide.
Kapil
I got similar message on my 485. in my case they resent response to SR to my new address. This is more likely change of address issue.
if you(or lawyer) have not changed address then contact USCIS.
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