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Changing employer while I-140 Pending & H1B over six years

Hi Rajiv,

First let me thank you for helping our community. Here is my current situation

My Labor Certification was cleared in March 2006.
I applied for I140, I485, EAD & AP concurrently in July 2007 and had received EAD & AP but my I140, I485 still pending.

Recently I applied for my 8th year extension of H1b with the current employer and it is still in pending approval.

Based on the above scenario, I would like to know answers for the following questions, considering Company B wants to transfer H1b transfer & filing the new Labor Certification

1) Can I switch an employer to a Company B at this time? if yes, on what basis?
2) What are the Risks involved by switching to a Company B at this stage?
3) What happens if my Pending I-140 with Company A has been denied for some reason or revoked/withdrawn? Can I still do H1 transfer with Company B and start a fresh GC process?
4) What if I have an RFE and Company A is not willing to respond to it?
5) What happens if I lost the job with Company B for any reason, Can I still stay legally in US by doing H1b transfer with another employer immediately?
6) After joining Company B with H1b transfer, Can I still port my previous PD once my I140 is approved with Company A?

Thanks in Advance.
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GC Approved Filing Employer having Layoffs

Dear Rajiv,

I greatly appreciate your efforts in answering our IM questions and helping us out.

My background information

Company A filed my PERM/I-140/I-485. In the mean time I was employed by Company B on H1B. My PERM/I-140/I-485 filed by company A got approved in Mid May 2008 so I got my GC

I joined Company A on full time basis by last week of May 2008 but continued working for company B on part time basis. It has been close to 2 months Company A is not doing well rumors are we are going to have layoff.


1- If Company A lays me off will I be in any trouble during citizenship.
2- If Company A lays me off and I join Company B back on full time basis will this cause any trouble during citizen process.
3- If company A lays me off, Should I look for Company C and stop working for company B.
4- Is working with company B on part time basis safe while working for company A on full time basis.

Thank you.

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Registered Users (C)
Applying for Citizenship questions

Thanks for the service. I have two Citizenship questions.

1. I had to leave sponsoring employer 2 months after getting Green Card as employer moved to another state and I could not move due to personal reasons. I am about to file for Citizenship. What precaustions/documents I have to produce to make my case OR should I just ramain on Green Card forever without applying for Citizenship? Can I wait for 1 more year to apply for citizenship? Will that help? Are there cases where Citizenship is denined because of leaving employer within six months after getting GC? Are there cases where Citizenship is offered in spite of leaving employer within six months after getting GC?

2. Should speeding ticket (7 years back) be mentioned in the form?

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Registered Users (C)
H4 to H1 stamping queries.

Hi Rajeev,

My wife's H1 application was picked up this year lottery. At the time of submitting her application, she was in India and therefore employer had filed her H1 on consular
processing. She is back to US now on her H4 dependent visa on June '08. I would like to clarify few questions.

1. Can we file her application for amendment from H4 to H1 not going to US consulate for stamping? If so what are the possibilities to get the amendment done? Is there any
risk of refusing/rejecting amendment? We are OK if any premium processing allowed for amendment. Her approval letter doesn't come with I-94.

2. When i talk with her employer, they are suggesting her to go consulate in either Canada or Mexico to get her H1 stamped. I think the employer would have filed her
H1 application on consular processing by choosing Chennai consulate. If so, is it OK to her to go Canada/Mexico for stamping since she is US? I'm here on H1 extention
( My visa was expired on July 2007 ) but wife had got her H4 stamped with my current employer when she had visited India and got validity until 2010. In this case,
I can not acompany with her to Consulate. Just wondering do i need to acompany her to consulate since she is here in H4 dependent visa?

3. If some reason if she do not get her H1 stamped in Mexico/Canada, Is there any problem to come back US? Which one do you recommand us to do comparing above options ( Amendment Vs Canada/Mexico ) ?

4. For suppose we have booked an appointment in Consulate Canada, later want to change to Mexico , would it be possible?

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Registered Users (C)
Company Merger – H1B Transfer After Using Advance Parole-

Here is my Situation:

My Employer “A” filed for my Labor in Aug 2006 under EB3 Category, I-140 for this Labor is Cleared, They filed my I-485 in July 2007 and I-485 has been Pending with USCIS since then.
Employer “A” was Aquired by “B” in January 2008.
Note that I got 6 Pay stubs on A’s Name until December 2007 and from
January 2008 Onwards I have been getting paycheck’s on B’s name.
We just got a PDF letter in the email mentioning that “B” has Aquired “A”
And “B” will take care of all the Immigration responsibilites of “A” and all
The GC Procees remains intact.

“B” DID NOT File for any I-140 Amendment or H1B Transfer. They said it is NOT Necessary.
Meanwhile I went to India and Came back using Advance Parole.

Here are my Questions:
Can I do a H1B Transfer to another company “C”, even though my H1B is
On ‘A’ ‘s name and Pay checks are on B’s name.
Will the Merger of “A” Cause any Issues for H1B Transfer?

2. If I use AC21 and Join the new Employer on EAD can “C” file another Labor For me in EB2 even when I am working on EAD.

3. If I don’t do any Transfer and Continue working for “B” can “B” file for another Labor for me in EB2. can I Use the Experience from “A”.
I will fall into B.S. + 5 Years Experience Category If I use Experience gained @ “A”.

4. My H1 Approval is still on "A" 's name, Does "B" need to do a H1B Amendment if they want to file a new labor in EB2


Registered Users (C)
Hi Rajeev,
This is Reddy here...I came on F-1 visa in August 2004, graduated in December 2006 and started working since then on OPT. My employer applied H1B in April 2007, it got denied due to some reason and we appealed for it and it got denied again and the reason for denial again was that my application was not received on time. As OPT is valid for 1 yr from the date of graduation, I continued till my OPT ended in december 2007 and took admission into another school to remain on F-1 status and doing an Associates degree...

I applied H1B through another employer in April 2008 and my application did not pick in the lottery.I am still continuing on F-1 status now... My Labor got cleared with my old employer and they filed I-140 which is still pending... My F-1 visa is valid till August 2009 and i am planning to go to India soon, I heard that when I-140 is pending while on F-1 status , the officer at the immigration desk may deny my reentry into US, so is it better if i ask my previous employer to withdraw my I-140 application ???

One more question is to remain on valid F-1 status i took admission into a small community college for doing an associates degree which is lesser than a masters...will that make any impact while re-entering???
Hi Rajeev,
I need to get my H1 revalidation. My current H1 stamp is going to expire in Sept30 2008. My new I797 is till Feb2011. I am planning to go to India during Nov-Dec. My question is that where should I get stamping done? Maxico (already taken appointment) or Mumbai. My Company's attorney suggest me go for Mumbai. I read lot of places that Tijuana in Maxico should be very easy but in case I get stuck it will be complete mess for me as my wife will be accompanying with my wife (she is not going for stamping). How safe it is in Mumbai during Nov end? Currently I have not started any GC processing. whats your advice on this?

your input will be helpful


New Member
HI there

I have been working in San Francisco for my company on a L1B visa. At the moment, there is a board fight in the company. One potential outcome is that 1 board member/creditor will drive the company to insolvency by end of August 08, own all the Intellectual Properties, and resurrect the company with freshly invested money. If that plays out, existing employees are assured that everyone will have jobs in the new company. They claims that it'll take 2-5 days for the new company to be formed.

I'm very concerned about my L1B status if such scenario plays out. I don't want to be out of status.

- It was suggested that since my L1B was approved with my company name, and since the new company will have the same name (probably same corporate number/tax ID), I'll be ok just doing nothing. Should I take this advice? Since this didn't come from a immigration attorney, it's probably not worth the risk, isn't it?

- What options do I have, I obviously can't apply for a different L1B, since the company's office in Australia (which I worked for before being transferred to the US) will also go thru this fore-closure/resurrect circle.


Registered Users (C)
How NSC Process if case was transferred

Hi Rajiv,

My I-140 was filed on 15th July 2007 with TSC and the receipt date is 17th July, 2007 .
Later it was tranferred to NSC on 20th Nov , 2007.

My question is,

In which order NSC process my application based on 20th Nov since on this date it was transferrred to NSC OR 17th July on this date my I-140 was filed with TSC

Hello Rajiv,
Thanks for all the help.

Below is my status and I have some concerns/questions around it.
My Current status:

1) 485 Applied July 2007
2) I-140 Approved April 2008.
3) Working on EAD(Did not renew H-1)

My Concerns/questions:
When I switch Job and join a new company(with the same position)
1) Is it mandatory for the new Company to submit the AC21 and why?
2) If yes when do they have to submit it? Before I join them or 1 month after I join or when?
3) After submitting the AC 21 can I still work for both my new and old company?

Please let me know



Registered Users (C)
Biometrics Info

Hi Rajiv,

I filed my I-485 in July 2007 with TSC and my case was transferred to VSC and I got the initial FP notice with a EAC#xxx123. In Oct 2007, the case was again transferred to TSC with a new EAC#xxx456 both for myself and my wife.

On this new EAC#xxx456, we got the biometrics appointment back in Nov 2007. We were done with it then. When I called the CS in July just after my PD became current in Aug 08, the person told me that they are missing my biometrics and it seems TSC has a problem in getting photo and finger prints from EAC and I should get a new notice and while giving the biometrics, I should request the person at ASC to send them specifically to TSC.
I called again and another person told that the earlier info was wrong and they can get any information from VSC.

Anyways, I went to local ASC and explained the situation to ASC officer and gave my biometrics again and the person updated info with both the receipt numbers. I called again today and the person says they do not see any info on my file and I should go and give my finger prints again and she says she cannot give any info other than that.

I am confused and I am not sure what to do. I am worried that this lack of information might affect my application to be picked up in this month as my date is current.



Registered Users (C)
Please help - RFE on I-485

Hello Rajiv,

We received RFE on my wife's case. Her date of birth is off by one day on her birth certificate. We were aware of this situation when we filed the 485 and therefore we provided the following documents:
- Copy of birth certificate (with the incorrect date) in local language
- Certified translated copy in English.
- Birth certificate issued by the Indian embassy with the correct date. (on the basis of her passport)
- Copy of passport.
- Signed affidavits by both parents indicating the right DOB and the fact that the information in the BC is incorrect.

They have still issued an RFE and provided 30 days for us to respond with additional evidence or a corrected birth certificate. We tried correcting the date in the BC, but were not successful. Anyone else is a similar situation?

The only other document we can now provide is her high school leaving certificate that has her name, her father's name and her correct DOB.

Help is appreciated.

Thank you very much.
Awaiting change of Status


Thanks for taking the time to help people I really appreciate it.

My question is if I am awaiting a change of Status from a B2 visa to a L2 visa can I travel within the U.S. My situation is my now husband came here in January to the US on a L1 visa intra company transfer and I came as his partner on a B2 visa. We got married in May and applied to change my status in June. My Visa was granted for 6 months when I arrived in the UK and it expired on the 29 July 2008. As we are only in the US for 1-2 years I would like to travel in the US with my husband on vacation so I want to know if travelling is not permitted full stop whilst you are awaiting change of status. Thank you for your time
Time limit on L-2

Hi Monica
I have one issue. I hold an L-2 EAD. EAD is valid Oct 2009. But my spouse leave India. I need to stay here 2 months because I got H1-B Approval.
Thanks in advance

Topic: General Immigration Related Questions
Start Time: 1:55PM, EST
End Time: 3:20 PM, EST
Date: July 10, 08
Time: 2 p.m, EST
Conference Dial-in Number: (712) 432-3900
Access Code: 4039551


Registered Users (C)
F1 to H1B and Consultant problems

Hello Rajiv

I am a student on F1 visa. I recently signed a contract with a consultancy, which filed for my H1B. I was told that I was approved and they also gave me copy of approval notice. They asked me for a deposit of 1200 dollars, I paid, which was going to be returned when I get a job through them.

A) Now on the basis of "lack of commitment" they are terminating my contract, canceling my H1B and asking me to pay another 2000 dollars for the fee. They are not returning that initial 1200 dollars deposit. Is this legal? Should I pay that 2000 dollars?

B) I was never told that I would be paying this additional 2000 dollars. It was never given to me in writing? So what should I do in this case?

C) I did get a form in mail I-797A (CASE TYPE: I-129 Petition for a non-immigrant worker), attached to the bottom is I-94 and it says it’s valid from 10/1/2008-9/17/2010. However if the consultant cancels the H1B before 10/1/2008 then F1 will be still valid because it’s before 10/1/2008...correct?

Please help!
H4 to H1 Question


Thanks for hosting community forum like this. I am asking this question on behalf of my friend:

Here is the scenario, basically, my friend is on H4 with a valid stamp and last year company filed for H1 and H1 was approved and new I-94 was attached with the I-797. I went to India for around 4 months when my H1 was filed and currently pending and when I came back to US, the Immigration Officer at the port of entry asked me some questions and permitted me H4 entry, they mentioned that my H1 is approved and employer has requested for a change of status, which I was not aware when I landed and USCIS has upated the record online in Computer.

Once my H1 was approved and I went to apply for SSN number, they refused me saying that I am still on H4 Status. Its been almost one year that I havent worked and still maintaing H4 status as I couldnt get SSN Number and cannot work in H1. Is there any way that my employer can file change of status document then I can apply for SSN and work or do I need to go to India and get stamping and come back as H1 holder?

Also, Since I couldnt get my SSN, I cannot work and I am maintaing my H4 status, and my H1 is approved. Now is my friend out of status? Please reply.

Thanks Rajeev. Appreciate your help.



Registered Users (C)
Hello Rajiv,

I'm in the US on L1B visa working for company A. My L1B is valid till Oct 2009.
This year, I got my H1B filed through company Band it's picked up in the lottery. They applied it with COS from L1 to H1. The processing on the USCIS is still pending.
Suppose my H1 gets approved, I have the following questions:

a) I want to work on L1B even after Oct 01 2008. What should I do ?
b) What will the status of my H1B be after Oct 01, if I continue to work on L1B visa for company A ?
c) Can the employer revoke my H1 after Oct 01 ?
d) Can I get my H1 transfered to another company C after Oct 01 even if I do not work for company B ?
e) Can company B sue me for not working on H1B for them after Oct 01?

I have committments with company A that I need to fulfill till March 09. Could you tell me the easiest way out to save my L1B and work for H1B after March 09 ?

I appreciate all your help.
I-485 filling issue

Hello there,

I am on F1 and my husband's I 485 is in pending stage(EB2 category). And as per august bulletin his priority date has become current. We have yet not filed for my I 485 since my F1 would get cancelled once my greencard is filed. I would appreciate if you answer my following questions:

1)In case we file for my greencard now, and it gets denied will I be able to continue back on my F1? Will my denial affect me on getting H1 later?
2)If we go for Follow on Join process once my husband gets greencard, can we file for my I 485 while I am on F1/OPT or will I need to go back to India and take the consular processing?


Registered Users (C)
Priority Date instead of Receipt Date?

From what I have heard lately if priority date is current USCIS will processes 485 applications based on receipt date. Is this correct?

How strictly USCIS follows this rule?

If this is true I think it will be disadvantageous to lots of 485 applicants who have earlier priority dates and have waited longer in queue but did not file their 485 in early July 2007 because of either their attorney delayed their filing (like in my case) or they obeyed USCIS July 2007 visa bulletin amendment and did not file their 485 applications from July 03 to July 16?

We all know about July 2007 visa bulletin fiasco. USCIS opened floodgates even though there were not enough visa's available to approve all applications. Also there was mad rush in filing 485's.

Considering these facts do you think it will be wise for USCIS to make exception this time and process applications based on priority date instead of receipt date?

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