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Mr.Khanna,

First of all, thanks a lot for taking time out to talk with us on this forum. It is certainly an invaluable resource.

My Current Immigration Status
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I have an approved I-140 with Priotiy Date in end 2006 and have filed I-485 on August 15th, waiting for my receipt. Filed using EB2. Have 3 more years on H1-B stamped on my passport.



Questions
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1. What is the difference between working on H1-B and working on EAD? What are the trade-offs in terms of a) moving jobs b) changing job profiles ?

2. I heard I can switch jobs 180 days after receipt of I-485. When can I switch jobs and work on a completely different profile? Any legal work needed to enable this?

3. I would like to study full-time at the earliest. Worst case, I don't mind losing out my GC application, but would like to keep it, if possible. From what I've heard, F1 student visa will get rejected if I-485 has been applied. What are my options?

Thanks.
 
Hi Rajiv,
I have 2 questions
1) My husbands employer filed for I-140 ,EB3 in 2004 ,it was denied,our 485 and EAD were cancelled in 2005 and the companys lawyer filed for appeal and it is still pending as of today and the same employer filed for another I-140 ,EB2 2005,I-140 was approved and we filed for our 485 ,AP ,EAD on july 18th 2007. My question is it ok to have 2 I-140's one with pending appeal and the other approved from the same employer and at the same time.

2)I graduated in may 2007 ,If I start working with EAD can I file for my H1 next year 2008 ? Filing for H1 after working for few months on EAD will in any way effect my EAD and AP.

Thanks
 
Rajiv, thanks for the great service!
My husband lives in China. I live in US and am getting a green card soon. He is not quite interested in getting a green card.
My question is if I get a green card and he doesn't, will he be denied to any kind of visa just because his wife (I) have had immigrantion intention? If he can come, what type of visa can he get in order to visit US while I hold my green card?
 
L1 to H1

Hi Rajiv,

Greetings & Thanks for this wonderful service


I am on L1 with company A and have an approved H1B and change of status for company B to be effective this October.

Should I not get a new job by 1st October 2007, can I continue on my L1 until I get one and then switch to H1B?

If not,how can I defer my switch to H1B until I get a new job?


Thanks,
Immi_Bee
 
AC21 -way to go?

Hi! Rajeev,
Thanks for your time.
I got preapproved labor from my company (filed in 2002) and my I- 485 and I-140 were filed concurrently on 7/28/06

1)My I-140 was approved on March 26th '2007
2)Fingerprinting was completed in Oct'06 .I received EAD and Parole in Nov'06
3). For I-485 we received RFE for Medical Records and Birth Certificates, which we submitted In June '07.
I contacted them after 60 days after RFE document acknowledgement to inquire about the status and they sent me a written response (attached along with) stating that :

"The processing of the case has been delayed -a check of our records indicates that your case is not ready for a decision ,a the required investigation into background remains open" and told me to contact them after 6 months in case the response is not received

Questions:

1)Is it safe for me to change job with AC21 ?WHAT would be challenges ,if any?My current job title is different from the one in labor(Program manager vs business analyst) and salary is also more

2)Is there any way to expedite background check/I485 processing?

Thanks
 
Question on US Citizenship

Hello Rajiv,
Thank you for your time and also for this service.

My case is:
1. Received GC in June 2002
2. Moved to India in October 2004 due to family issues
3. I have regularly filed US Income Taxes and have been in the US every 5-6 months for a few weeks since October 2004. I have not been out of the US for more that 5-6 months at a time.
4. I have also complied with the 36 months physical presence in the US after receiving GC in June 2002.
5. I have maintained a bank account, credit card, IRA account in the US

How would you rate my chances if I were to apply for US Citizenship and what hurdles would I face ?

Thanks & Best Regards
 
I 140 and I 485 pending - what if I want to go back and work in India for sometime.

Hi Rajiv,

Here is the situation-:



EB-3, Bachelors and Masters from US
I-140 pending since Dec' 2006
I-485 pending since Jul' 2007
AP pending Jul' 2007
EAD pending Jul' 2007
Used 4.5 years on H1B

Now what if I want to go back and work in India for some time and come back once I get the GC. Is it possible and safe. What would be the best and safest way to implement.

Thanks in advance.
 
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