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The issue is that he has worked with the employer for less than a year, when he got the residency. So in that case, is 6 months after the residency a safe time?

My Friend got his eb based permanent residency in September 2010. He has been with the sponsor since then. Is it risky to change jobs now (after 6 months). Is the intent to work been established in the 6 months, or does he need to work longer? What would be a good reason to change (other than...

:confused: I had a similar experience where the attorney insisted that past violations never erase. And that no matter if I exit and reenter on a valid visa, I would still be ineligible for AOS. He also called an immigration officer at a USCIS office to confirm the same. However one look at...

Hi, We had our 2nd EB2 interview at the local USCIS office 2 months back, the PDs are current and have been so for the last 1 year or so. During the interview we were told by IO that they need time for additional processing and to expect to hear in 4 weeks. A written inquiry by the attorney...

Employer was a sole proprietor of the firm till 2 years back. The firm is now incorporated. I am in the 7th year of h1, have approved perm and i-140 approved. The i-140 was approved more than 2 years ago (under sole proprietorship), while the h1 extension of 7th year was approved under the...

Aron is the best!

A person transfers H1 from company A to B while within the US. If B applies for h1 in January, and approval notice comes in March, does the company need to pay for the time from Jan-March while the transfer is pending?

I have used the firm for some of my immigration related cases. The senior attorneys (read the bio on the firm's website) are very experienced and good. They are also good in client dealings. However, some of the junior attorney staff is lacking in knowledge and client interaction. They seem to...

Thanks ginnu. If the person on h4 having an EAD, starts working, is he in violation of h4 terms (by working)? Reason i-485 might be denied: there was status issue before the i-485 was filed. Although the person has now exited the country and come back with a valid h4 visa and filed a new...

If someone on h4 status (with h4 stamp valid till 2013), starts working on EAD, then if I-485 is denied, then does he have to exit the country to get back on H4 status? Since the h4 stamp is still valid, does he have to apply for new visa, or can he use the existing visa stamp to reenter?

1. From job termination day, one becomes out of status. 2. Revokation date by uscis begins the unlawful presence counter since the I-94 becomes invalid as of the date of revokation. 3. I-94 expiry also begins the unlawful presence counter if the h1 has not been revoked yet. The above is my...

"So what are the chances of my h1b being revoked after I quit or get laid off? Will the employer just not bother to revoke it? If he fires me, can I ask him not to revoke it?" If the employer-employee relationship does not exist, you fall out of status because you are in violation of the...

rahul and gray, If an approved h1 is reopened, it most probably is a notice of intent to revoke. If there have been no other issues - no incorrect LCAs, no non-payment during bench periods, etc. then you may be able to save your h1 petition by going for consular processing - h1 stamp in home...

PERM was filed on March 5, 2009. I have already recaptured time spent abroad to have h1 till Jan 15, 2009. Can the company file for h1 extn. in January 2010 itself, but ask to start the h1 period from March 6, 2010. Will that give me legal status to stay or work based on a pending application?

Thanks whitemimauz3. My question is that sincethe PERM was not filed >365 days, and the 365 days complete in 2 months after 6th year h1 expiry, can I file for 1 year extn. in January and stay or work legally for the 2 months?

I will complete 6 years of h1 in January 2010 (inclusive of time captured abroad). The PERM is pending since March 2009 (< 365 days). Come January, if PERM is still not cleared, can the company file for H1 extn. for 1 year in January itself or do they have to wait till March to file the 1...

Thanks mmed for your replies. I am the primary applicant for 485. I was working on h1 and had filed for 485 EB2. I have now gotten the h4 stamp based on my spouse's h1. I fear that my 485 might be denied because my previously approved h1 was revoked because of improper LCA filings by my...

Thanks Jackolantern, mmed. Follow up question: If I work using EAD, and 485 gets denied. Can I go to canada and get back into h4 based on the exisiting h4 stamp if it is still in validity period? Or, do I need to apply for fresh h4 at consulate.? Can the fresh h4 be applied COS from within US...

Hi, This question has been asked many times before and I consulted attorney but got different answers. It will be great if someone can point to USCIS memo regarding this issue. I worked on h1 till April 2009. I have EAD since July 2007. I am the primary applicant for 485 AOS. I got h4...

you lost job on Jan 1,2008 with company A Company B filed H1, do you mean H1 Transfer ? Yes, H1 transfer. did the USCIS approved H1 transfer filed by B with I-94 attached with H1 transfer approval? Yes, it was approved with I-94 attached. when did you join company B? The h1 transfer...