H1-B Transfer Related

C

cp_man

Registered Users (C)
Hi All,
Sorry, if i ask some silly questions(under panic), but in the urgent need to get some clarifications as My company shut down yesterday abruptly (Bank owned now) but probably company still exists - on paper for two more weeks.
Recently got the H-1B extension approval (valid for a few more years).
- What are my options ?
- How long is my status valid ?
- Can I transfer the h1-b visa extn to another employer - and how long
do i get before i join one ....?
- Also i had my I-140 approved and recently my PD became current -
was waiting to get married and file the I-485 together with spouse.
If i transfer h1b to new employer, do i get to keep my old Priority
Date/Any-thing-else while filing with new employer ...?
- Any other relevant info ....

Thanks a lot for taking some time to help out ...I appreciate it ....
Thnx
cp_man
 
cp_man said:
Hi All,
Sorry, if i ask some silly questions(under panic), but in the urgent need to get some clarifications as My company shut down yesterday abruptly (Bank owned now) but probably company still exists - on paper for two more weeks.
----------- if the company still exisit then get letter of from employer signed with date before comany got/gets closed and file I-485 and EAD ASAP( if your PD is current)
Recently got the H-1B extension approval (valid for a few more years).
- What are my options ?
- How long is my status valid ?
- Can I transfer the h1-b visa extn to another employer - and how long
do i get before i join one ....?
------------------find new employer and they day H1 transfer papers reach USCIS you can join new employer or the day you get H1 transfer filing reciept (FYI the H1 filing reciept can take more than 50 days at this time
- Also i had my I-140 approved and recently my PD became current -

----------------------------file the I-485 and EAD ASAP( if your PD is current)
was waiting to get married and file the I-485 together with spouse.
-------------------dont wait file the I-485 and EAD ( if your PD is current)
If i transfer h1b to new employer, do i get to keep my old Priority
Date/Any-thing-else while filing with new employer ...?
---------------------with H1 transfer no old Priority. once I-485 is filed it seems you may be ok. one can retain Old PD if you have to file new LC and then second I-140 and at the time of filing second I-140 you can inform your lawyer that you had I-140 approved in past and give him copy of I-140 approval notice or I-140 filing reciept or online status printout
- Any other relevant info ....
----------------- I will file I-485 and EAD ASAP( if your PD is current) and will also find new employer and file H1 transfer
Thanks a lot for taking some time to help out ...I appreciate it ....
Thnx
cp_man
Click to expand...

----------------------------
 
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Thanks a lot Ginnu,
Just one more clarification - in case company is comletely shut-down (legally) -
to issue the letter of employment - does that leave me with only one option to find the new employer and transfer the H1-B and lose the current GC ....?
Pl. reply. Thanks again for your thoughtful reply.
 
cp_man said:
Thanks a lot Ginnu,
Just one more clarification - in case company is comletely shut-down (legally) -
to issue the letter of employment - does that leave me with only one option to find the new employer and transfer the H1-B and lose the current GC ....?
Pl. reply. Thanks again for your thoughtful reply.
Click to expand...

If company shut down you will have to transfer H1 ASAP and start the GC process from first step through new employer (but can retain early PD at the time of filing second I-140 by providing copy of past I-140 approval to lawyer)

Is your PD current for filing I-485???
 
Hi Ginnu,
Yes my PD is current for filing I-485 ...
And after reading your first reply i decided to talk to the CEO to know the staus
on company - it seems its still officially on for 2 weeks. So i should try to file the I-485 (i think i should have all the docs including the absense of B-Cert doc and affidavits to state my B-day, need to check) and there is no issue if the company shuts down in few days after this ....????
Pl. let me know there be any caveats/gotchas/etc....??? Thanks again.
Best Regards
cp_man
 
cp_man said:
Hi Ginnu,
Yes my PD is current for filing I-485 ...
--file the I-485 and EAD
And after reading your first reply i decided to talk to the CEO to know the staus
on company - it seems its still officially on for 2 weeks.
--------------------then get the job offer letter and file I-485
So i should try to file the I-485 (i think i should have all the docs including the absense of B-Cert doc and affidavits to state my B-day, need to check)
------------------if you have BC with correct date of birth and name you dont need affidavits if any problem on Bc then only affidavits are needed( if you think it will take time to get affidavits then file without affidavits and you will get RFE and then reply FYI one can get affidavits done in one day and parents can send the Scanned copy and attach the COPY with I-485 . you need to I-485 form, G325A form. Fee, 2 photographs with I-485 (with EAD 2 photo, with AP 2 Photo,) medicals, copy of all the passport pages that have your name, DOB, photo and pages that have visa stamps and entry stamps, copy of valid I-94 (front and back) and employer letter, copy of I-140 approval notice or copy of I-140 filing reciept
and there is no issue if the company shuts down in few days after this ....????
------not a problem if pending I-485 hits 180 days then you can use AC21
Pl. let me know there be any caveats/gotchas/etc....??? Thanks again.
--------------I will file the I-485 and take the risk even if employer is not ready to give job offer letter. I will try to delay Fingerprint or if RFE for job offer letter then will send the RFE (may be for job offer letter) 4-5 days before the date of RFE reply so that Pending I-485 hits 180 days.
Best Regards
cp_man
Click to expand...
---------------file the I-485 ASAP and then wait for the next stepts. join new employer only with H1 transfer and remain on H1 status.
 
Hi Ginnu,
Thanks again for your help and support in offering your time/advice to me in the time of urgent need. I really appreciate all the valuable comments.
If i get the I-485 (without the employement letter) and then get the RFE -
and i reply past 180 days - then at the time the employment letter from the new employer should do it ???? Right ??? Also at what stage exactly is the finger-printing done ...???? (sorry i dont know) Does changing my current company lawyer to new one (if he is unwilling/unable/etc) affect me .... ???
Thanks again.
Best Regards
Manish
 
cp_man said:
Hi Ginnu,
Thanks again for your help and support in offering your time/advice to me in the time of urgent need. I really appreciate all the valuable comments.
If i get the I-485 (without the employement letter) and then get the RFE -
and i reply past 180 days - then at the time the employment letter from the new employer should do it ????
-----yes you can invoke AC21 by sending new employer job offer letter with same/similar job duties(as on LC form ETA750A ) and with permanent job offer. FYI the RFE letter will have date on it and you need to send RFE reply before that date
Right ???
Also at what stage exactly is the finger-printing done ...????
-they can send FP notice after 2-3 months and on can reschudle it 9it may not delay the I-485 hiting 180 days)
(sorry i dont know)
Does changing my current company lawyer to new one (if he is unwilling/unable/etc) affect me .... ???
---------------- better Hire YOUR lawyer as I-485 is your petition, if the current company lawyer is ready to send the I-485 nothing wrong with that.

Thanks again.
Best Regards
Manish
Click to expand...
* if possible try to get job offer letter and file it with I-485 (if cant get still file I-485 and take the risk and the risk is only filing fees)
** if possible try to get LC copy and I-140 approval copy from lawyer or employer (LC copy may help you to draft new employer letter to invoke AC21 after I-485 pending hits 180 days after reciept date of I-485 filing
 
Thanks Ginnu,
As i had menioned earlier - i have tickets booked for my trip to india - marriage plans fixed next month - is it safe in this scenario to travel outside the country (after the I-485 filing) on new(if transferred) H1-B/or AP ....? Do i need to come back before certain time window expires, etc ...?
How solid is my case ???
(as i am very hard-pressed for the time ... for new job, etc)
Thanks and Regards
cp_man
 
cp_man said:
Thanks Ginnu,
As i had menioned earlier - i have tickets booked for my trip to india - marriage plans fixed next month - is it safe in this scenario to travel outside the country (after the I-485 filing) on new(if transferred) H1-B/or AP ....? Do i need to come back before certain time window expires, etc ...?
How solid is my case ???
(as i am very hard-pressed for the time ... for new job, etc)
Thanks and Regards
cp_man
Click to expand...

Your situation at this time is in mess. File I-485, EAD, AP then go out but you will not get I-485 filing receipt in 40-45 days and AP approval may take 3-4 months. If your company closes when you go out then how you will enter US?? File H1 transfer with premium processing and once approved in 15-25 days then only go out.
 
Hi Ginnu,
I know. Just trying to stay calm and try to do as best as i can under the given circumstances. My main focus in to get the H1-B transferred to a new company and have approval papres within a month, and use the new H1 to travel.
Not sure can get the job-offer letter fr employer, but will try to file the I-485 regardless ... If i use the H1 to travel then i should be ok in travelling abroad ??? And also - is there any specific format that job-offer letter has to follow ??? if you could point to some links,etc ...
Thank you very much, again.
Regards
cp_man.
 
cp_man said:
Hi Ginnu,
I know. Just trying to stay calm and try to do as best as i can under the given circumstances. My main focus in to get the H1-B transferred to a new company and have approval papres within a month, and use the new H1 to travel.
Not sure can get the job-offer letter fr employer, but will try to file the I-485 regardless ...

If i use the H1 to travel then i should be ok in travelling abroad ???
-------------------------------get the H1 transfer approval in hand before you go out and when you enter US at POE show the H1 visa stamp of past company AND H1 transfer approval through new employer (keep the letter of new employer and show only IF asked)
And also - is there any specific format that job-offer letter has to follow ???
------------------- see below or let your lawyer draft it

if you could point to some links,etc ...
Thank you very much, again.
Regards
cp_man.
Click to expand...

To
USCIS
Service center

Dear Sir/Madam:

This is to certify that XYZ is an employee at our company ………
XYZ has been with us since… His annual salary is… his job title is….

We expect to continue employ him on permanent basis after his I-485 approval.

Accordingly, we respectfully request that you grant his approval of the I-485 application/Immigrant Visa in order for him to obtain the permanent residency status soon. Thank you for your assistance.


Sincerely,



*** now stop posting questions in instalments and if any info needed go to your Lawyer
 
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