Need to get H1-B stamped, 485 previously filed and withdrawn

praanav

Registered Users (C)
Hello,

I need to get my H1B visa stamped as a new one was issued at my new job.

Previously, I had started my green card processing with my previous employer and had filed for I-485. This was withdrawn after I left my old job. I have been on the H1 b status all this while. Give this background,

I want to know if my previous filing of I-485 will cause any issues in stamping of the new H1b on my passport.

I will appreciate any help.

thanks.
 
praanav said:
Hello,

I need to get my H1B visa stamped as a new one was issued at my new job.
------ if you have valid Visa stamp from past employer no need to get new Visa Stamp just show new employer H1 approval + valid visa from past employer at POE when you enter US, if Past employer Visa stamp expired then get New H1 stamp based on new H1 approval
Previously, I had started my green card processing with my previous employer and had filed for I-485.
This was withdrawn after I left my old job.
--- what was withdrawan? I-140? or I-485???? employer can only withdraw the I-140 NOT I-485 becase I-485 is YOUR petition.
tell us if your I-140 was approved? if yes, when? go to USCIS Online status check and also check I-485 status and let us know what it shows. Did YOU with draw I-485? when was I-140 filed, when was I-485 filed.

I have been on the H1 b status all this while. Give this background,

I want to know if my previous filing of I-485 will cause any issues in stamping of the new H1b on my passport.
------no
I will appreciate any help.

thanks.
 

Thanks for your reply!
The previous visa on my passport has expired, so ...

I am not sure if having filed for I-485 can create a problem in geting a new H1B stamped.

It has been 3 months since my employer sent an application to withdraw the I-140 (filed with I-485 in March 2004), but the case status doesn't reflect any such thing, on the contrary the INS seems to continue with the processing - I have gotten request for Finger printing and ...

That confuses me further.

Thanks much,
 
praanav said:
Thanks for your reply!
The previous visa on my passport has expired, so ...
---- if you are in US and have valid I-94 then no need to get Visa stamp when you go out then get h1 Visa stamp as Visa stamp is for entry to US and it is I-94 that is imp to maintain status
I am not sure if having filed for I-485 can create a problem in geting a new H1B stamped.
----- No problem even if I-140 was filed for yopu or LC was filed for you or you Filed I-485 . H L O P Visa have dual intent
It has been 3 months since my employer sent an application to withdraw the I-140 (filed with I-485 in March 2004), but the case status doesn't reflect any such thing, on the contrary the INS seems to continue with the processing - I have gotten request for Finger printing and ...

provide the info:
Date I-140 was filed?
and what is Reciept date.,
do you have I-140 filing reciept copy
Did you file I-485? if yes
Did you have the I-485 filing reciept?
date I-485 was filed
reciept date of 485
your Service center?
did you appply EAD AP?
Did you get EAd AP?
Did you got EAD, AP?
** When DID employer sent letter to USCIS to withdraw the I-140?? are you sure he sent letter?
*** The above info has nothing to get H1 Visa stamping just want to know becase you may have other options also

Date I-485 was filed

That confuses me further.

Thanks much,
 
Thanks for your reply!



provide the info:
Date I-140 was filed?
------March 15, 2004

and what is Reciept date.,
------March 18, 2004

do you have I-140 filing reciept copy
------No, but I do have the receipt number

Did you file I-485? if yes
------Company Lawyer did it for me

Did you have the I-485 filing reciept?
------I have the case transfer notice, but guess can always get the filing receipt from the lawyer

date I-485 was filed
------March 15, 2004

reciept date of 485
------March 18, 2004

your Service center?
------Texas, but was transfered to Philadelphia Office

did you appply EAD AP?
------Yes

Did you get EAd AP?
------Yes

** When DID employer sent letter to USCIS to withdraw the I-140?? are you sure he sent letter?
------THe lawyer claims that the he sent a letter on behalf of Company to the INS to withdraw the I-140 on 4/15/2004
Thanks for your reply!



provide the info:
Date I-140 was filed?
------March 15, 2004

and what is Reciept date.,
------March 18, 2004

do you have I-140 filing reciept copy
------No, but I do have the receipt number

Did you file I-485? if yes
------Company Lawyer did it for me

Did you have the I-485 filing reciept?
------I have the case transfer notice, but guess can always get the filing receipt from the lawyer

date I-485 was filed
------March 15, 2004

reciept date of 485
------March 18, 2004

your Service center?
------Texas, but was transfered to Philadelphia Office

did you appply EAD AP?
------Yes

Did you get EAd AP?
------Yes

** When DID employer sent letter to USCIS to withdraw the I-140?? are you sure he sent letter?
------THe lawyer claims that the he sent a letter on behalf of Company to the INS to withdraw the I-140 on 4/15/2004
 
praanav said:
Thanks for your reply!



provide the info:
Date I-140 was filed?
------March 15, 2004

and what is Reciept date.,
------March 18, 2004

do you have I-140 filing reciept copy
------No, but I do have the receipt number

Did you file I-485? if yes
------Company Lawyer did it for me

Did you have the I-485 filing reciept?
------I have the case transfer notice, but guess can always get the filing receipt from the lawyer

date I-485 was filed
------March 15, 2004

reciept date of 485
------March 18, 2004

your Service center?
------Texas, but was transfered to Philadelphia Office

did you appply EAD AP?
------Yes

Did you get EAd AP?
------Yes

** When DID employer sent letter to USCIS to withdraw the I-140?? are you sure he sent letter?
------THe lawyer claims that the he sent a letter on behalf of Company to the INS to withdraw the I-140 on 4/15/2004
Thanks for your reply!



provide the info:
Date I-140 was filed?
------March 15, 2004

and what is Reciept date.,
------March 18, 2004

do you have I-140 filing reciept copy
------No, but I do have the receipt number

Did you file I-485? if yes
------Company Lawyer did it for me

Did you have the I-485 filing reciept?
------I have the case transfer notice, but guess can always get the filing receipt from the lawyer

date I-485 was filed
------March 15, 2004

reciept date of 485
------March 18, 2004

your Service center?
------Texas, but was transfered to Philadelphia Office

did you appply EAD AP?
------Yes

Did you get EAd AP?
------Yes

** When DID employer sent letter to USCIS to withdraw the I-140?? are you sure he sent letter?
------THe lawyer claims that the he sent a letter on behalf of Company to the INS to withdraw the I-140 on 4/15/2004
-------------- I was just thinking if you are eligible for AC21, but reading the above info it is not possible becase employer or lawyer has withdrawn I-140 after 1 month of filing. Better file new LC through through new employer ASAP
 
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