Recording for this Conference Call is now available for download here - http://www.immigration.com/improving_immigration/conference_calls.html
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Recording Available for Jan 31 Conference Call
- Thread starter monica1
- Start date
- Status
Dear Rajiv,
I have a few queries regarding mine and my wife's H1B. I would really appreciate replies to my queries as early as possible. Thanks in advance for your service to the community!
Please find our situation and queries below:
I got H1B petition (*without* change of status) in october 2007. So I remained on the status I was (which is L1B) and continued working for my L1 petitioner (I was in US on L1B since March'2005 for the same L1 petitioner ). My H1 petitioner applied for a change of status to H1 which got approved on January 14'2008 and I have started working for the H1 petitioner as of Januray'2008. Similarly my wife also got H1 (*with* change of status) as of October 1'2007 with the same H1 petitioner as mines.
My queries are as follows:
1. I am looking at changing jobs and getting my H1 transferred to a different employer. How many pay stubs do I need from my current employer before I can change my job? Basically I want to know what is the number of paystubs USCIS desires for change of status?
2. Whether moving to a new job just within 2-3 months of working for my first H1 petitioner would lead to any issues with my H1 transfer? I mean could my H1 Transfer be rejected because I have just worked for 2-3 months for my current H1 petitioner?
3. If I am currently getting a salary less than that noted on my LCA will that cause issue in future H1
transfer , green card processing etc.? Could my H1 transfer or Green card process have problems because of me getting salary less than on my LCA?
4. Also as I said initially my wife is on H1B but the employer cannot find her a project and she is not on the payroll of the H1 employer. The employer says that to maintain her status she can go on Unpaid leave of absence. My query is that, is it legal to sit on unpaid leave without any appropriate reason? If she does go on unpaid leave will that be an issue in future when I go for a green card or if she wants to transfer H1 or go on H4?
5. When I apply for Green Card does my wife needs to be on H4 for me to file her as a dependent? or her status (like if she is on H1B) does not matter?
Thanks,
Vikas
I have a few queries regarding mine and my wife's H1B. I would really appreciate replies to my queries as early as possible. Thanks in advance for your service to the community!
Please find our situation and queries below:
I got H1B petition (*without* change of status) in october 2007. So I remained on the status I was (which is L1B) and continued working for my L1 petitioner (I was in US on L1B since March'2005 for the same L1 petitioner ). My H1 petitioner applied for a change of status to H1 which got approved on January 14'2008 and I have started working for the H1 petitioner as of Januray'2008. Similarly my wife also got H1 (*with* change of status) as of October 1'2007 with the same H1 petitioner as mines.
My queries are as follows:
1. I am looking at changing jobs and getting my H1 transferred to a different employer. How many pay stubs do I need from my current employer before I can change my job? Basically I want to know what is the number of paystubs USCIS desires for change of status?
2. Whether moving to a new job just within 2-3 months of working for my first H1 petitioner would lead to any issues with my H1 transfer? I mean could my H1 Transfer be rejected because I have just worked for 2-3 months for my current H1 petitioner?
3. If I am currently getting a salary less than that noted on my LCA will that cause issue in future H1
transfer , green card processing etc.? Could my H1 transfer or Green card process have problems because of me getting salary less than on my LCA?
4. Also as I said initially my wife is on H1B but the employer cannot find her a project and she is not on the payroll of the H1 employer. The employer says that to maintain her status she can go on Unpaid leave of absence. My query is that, is it legal to sit on unpaid leave without any appropriate reason? If she does go on unpaid leave will that be an issue in future when I go for a green card or if she wants to transfer H1 or go on H4?
5. When I apply for Green Card does my wife needs to be on H4 for me to file her as a dependent? or her status (like if she is on H1B) does not matter?
Thanks,
Vikas
shrome_in1
New Member
Family Based Immigration
Hello Rajiv;
Thanks for this service.. Any help in my concern would be really helpful.
I have heard that if the original petitioner does not want to sponsor you, another relative can sponsor you or can transfer the petition into their name.
My sister here filed a petition for my another sister (in india) in 2001 (F4 category). Later my parents became US Citizen and my father filed a petition for same sister again in 2004 (F3 category).
Both petitions were approved in 2006.
Is it possible for my father to get the priority date of 2001 instead of 2004 as the petition is for same sister and her family.
Or what would be the fastest way to get her here with her family on family based immigration.
Just asking because if my father can get the PD of 2001 then she would be able to join us little earlier as the Feb 08 bulletin has 5/8/2000 as PD for F3 category.
Thanks a lot.
Hello Rajiv;
Thanks for this service.. Any help in my concern would be really helpful.
I have heard that if the original petitioner does not want to sponsor you, another relative can sponsor you or can transfer the petition into their name.
My sister here filed a petition for my another sister (in india) in 2001 (F4 category). Later my parents became US Citizen and my father filed a petition for same sister again in 2004 (F3 category).
Both petitions were approved in 2006.
Is it possible for my father to get the priority date of 2001 instead of 2004 as the petition is for same sister and her family.
Or what would be the fastest way to get her here with her family on family based immigration.
Just asking because if my father can get the PD of 2001 then she would be able to join us little earlier as the Feb 08 bulletin has 5/8/2000 as PD for F3 category.
Thanks a lot.
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gc_bulgaria
Registered Users (C)
Part time on EAD
Dear Rajiv,
Thank you yet again for a wonderful service. I have been offered a research position to complete my PhD,starting August. Since USCIS is still not considering my case as Cross Charge (EB2 ROW) , I am not expecting them to adjudicate it anytime soon as I am otherwise from India. I don’t want to wait further and lose my chances of finishing the PhD. But still want to play it safe. My company is OK with me going part time for a while and then joining them full time after I complete the PhD.
How does this effect the GC process - if there is an EVL, company is ready to say that I am part time temporarily. Do they have to say that I will be full time as soon as GC comes through or PhD is over (whichever is earlier)?
What if the GC come through without an EVL (miraculously) where do I stand then? Do I have to get back to full time immediately or after the PhD? How does USCIS monitor this?
Thanks again.
Regards,
gc_bulgaria
Dear Rajiv,
Thank you yet again for a wonderful service. I have been offered a research position to complete my PhD,starting August. Since USCIS is still not considering my case as Cross Charge (EB2 ROW) , I am not expecting them to adjudicate it anytime soon as I am otherwise from India. I don’t want to wait further and lose my chances of finishing the PhD. But still want to play it safe. My company is OK with me going part time for a while and then joining them full time after I complete the PhD.
How does this effect the GC process - if there is an EVL, company is ready to say that I am part time temporarily. Do they have to say that I will be full time as soon as GC comes through or PhD is over (whichever is earlier)?
What if the GC come through without an EVL (miraculously) where do I stand then? Do I have to get back to full time immediately or after the PhD? How does USCIS monitor this?
Thanks again.
Regards,
gc_bulgaria
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I485 RFE – Please Advise
Hello Rajiv,
I was on L1B visa from Feb 2000 thru Feb 2005 to work for Company A. My last L1B extension was from October 1st 2004 thru Feb 28th 2005 with Company A. Another company B applied for my fresh H1B visa and it got approved from October 1st 2004 thru Feb 2006. I continued to work for Company A till Feb 26th 2005(Due to medical reasons I could not move to a different city and hence continued to work for Company A) and started working for Company B from Feb 28th 2005. Was I out of status by doing this? Please let me know. I need to respond to this RFE soon.
Thanks………
Hello Rajiv,
I was on L1B visa from Feb 2000 thru Feb 2005 to work for Company A. My last L1B extension was from October 1st 2004 thru Feb 28th 2005 with Company A. Another company B applied for my fresh H1B visa and it got approved from October 1st 2004 thru Feb 2006. I continued to work for Company A till Feb 26th 2005(Due to medical reasons I could not move to a different city and hence continued to work for Company A) and started working for Company B from Feb 28th 2005. Was I out of status by doing this? Please let me know. I need to respond to this RFE soon.
Thanks………
Lost GC
Hello Rajiv,
Thank You for this service. Me personally have benefitted a lot from your replies.
I am posting this on behalf of my friend.
On their trip to India, my friend has lost the GC.(misplaced handbag during visits to places in India).
Question is: Can a GC be claimed while in India? What would the process be?
My friend is trying to contact the US consulate in India to see if they could do anything. But it would be of great help if you could suggest something.
Hello Rajiv,
Thank You for this service. Me personally have benefitted a lot from your replies.
I am posting this on behalf of my friend.
On their trip to India, my friend has lost the GC.(misplaced handbag during visits to places in India).
Question is: Can a GC be claimed while in India? What would the process be?
My friend is trying to contact the US consulate in India to see if they could do anything. But it would be of great help if you could suggest something.
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bluesky2day
Registered Users (C)
AOS pending to full-time student
Thanks so much for your help on this issue!
I've listened to the recordings from April / May 2007 which talked about going back to school after one has filed for permanent residency.
I have a related question --
I'm maintaining my H1-B status but I'm also pending AOS (filed the 485 in July and am EB-2 India with a PD of Jan '07). I've had a change of plans and would like to go back to school full-time for a doctoral degree. In this case, I would need an assistantship from the school to get me through it.
In your earlier recordings, you'd mentioned that going to school on a part-time H1-B or an EAD is the best solution. But, is it possible to do so even if one is getting an assistantship from the school?
I believe, in that case, the H1-B will not work (since you can't have another source of income without a concurrent H1-B and schools are not likely to give a concurrent H1-B for an assistantship?) and so, the EAD will be the only solution.
But, using an EAD has its problems in the sense that if the AOS application is rejected (a strong possibility since I would be in school, after all), I won't have a backup status such as the H1-B.
So, what's the best course of action here?
Also, is it possible to use the EAD and go to school without actually working for the sponsoring employer (i.e., I leave my job) but with an offer letter saying that I can join them once I finish my degree?
Would doing that be legal?
Thanks a lot for all your help again! Really appreciate it!
Thanks so much for your help on this issue!
I've listened to the recordings from April / May 2007 which talked about going back to school after one has filed for permanent residency.
I have a related question --
I'm maintaining my H1-B status but I'm also pending AOS (filed the 485 in July and am EB-2 India with a PD of Jan '07). I've had a change of plans and would like to go back to school full-time for a doctoral degree. In this case, I would need an assistantship from the school to get me through it.
In your earlier recordings, you'd mentioned that going to school on a part-time H1-B or an EAD is the best solution. But, is it possible to do so even if one is getting an assistantship from the school?
I believe, in that case, the H1-B will not work (since you can't have another source of income without a concurrent H1-B and schools are not likely to give a concurrent H1-B for an assistantship?) and so, the EAD will be the only solution.
But, using an EAD has its problems in the sense that if the AOS application is rejected (a strong possibility since I would be in school, after all), I won't have a backup status such as the H1-B.
So, what's the best course of action here?
Also, is it possible to use the EAD and go to school without actually working for the sponsoring employer (i.e., I leave my job) but with an offer letter saying that I can join them once I finish my degree?
Would doing that be legal?
Thanks a lot for all your help again! Really appreciate it!
AC21 & H1b Extension
Thanks for your great service.
I will be completing my 6years of h1b in a month and my current employer is not willing to do H1b extension because I am on AOS with EAD, so after a month I will have to use my EAD.
If I want to change my current employer after couple of months and want to go on H1b with new employer,
Can I apply for 3 years H1b extension with new employer based on my approved 140 with old employer? (Issue here is my 6years of H1b already exhausted with old employer even before using EAD)?
H1b 6 years completed >> then using EAD >>> and then new employer H1b 3 yrs extension based on old employer’s approved I-140 ????
For filing AC21:
>>>My new compensation will be 10k more than offered salary in old employer’s Labor; can that be an issue whiling filing AC21?
>>> Do we need to file AC21 every time you change the employer??
>>>A year and half back I got referral amount of $xxx from my friends company and they asked me to fill the Form 8233(Exemption from withholding on compensation for independent personal services of a non resident alien individual) to send referral amount…I did and got the check… I claimed that amount on tax returns as other income…I was hearing to your last conf call recording and came to know that we can’t take any money on 1090 while on H1b..How can we take referral amount other than from our employer?
Is that a big issue? What can I do now to rectify that if do something unknowingly? Please help. Is it going to impact my 485 processing at any stage?
Thanks a lot in advance.
Thanks for your great service.
I will be completing my 6years of h1b in a month and my current employer is not willing to do H1b extension because I am on AOS with EAD, so after a month I will have to use my EAD.
If I want to change my current employer after couple of months and want to go on H1b with new employer,
Can I apply for 3 years H1b extension with new employer based on my approved 140 with old employer? (Issue here is my 6years of H1b already exhausted with old employer even before using EAD)?
H1b 6 years completed >> then using EAD >>> and then new employer H1b 3 yrs extension based on old employer’s approved I-140 ????
For filing AC21:
>>>My new compensation will be 10k more than offered salary in old employer’s Labor; can that be an issue whiling filing AC21?
>>> Do we need to file AC21 every time you change the employer??
>>>A year and half back I got referral amount of $xxx from my friends company and they asked me to fill the Form 8233(Exemption from withholding on compensation for independent personal services of a non resident alien individual) to send referral amount…I did and got the check… I claimed that amount on tax returns as other income…I was hearing to your last conf call recording and came to know that we can’t take any money on 1090 while on H1b..How can we take referral amount other than from our employer?
Is that a big issue? What can I do now to rectify that if do something unknowingly? Please help. Is it going to impact my 485 processing at any stage?
Thanks a lot in advance.
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divorce after married
I am married to a USC last year, but recently I found out that he actually is also dating with another girl and I want to divorce with him. The problem is that we didn't pass our GC interview. Now I want to divorce with him and I want to know that if I divorce with him now will affect my 2nd marriage in the future? I mean what if I am going to married to another USC in the future, does my 1st marriage will affect my case in the future? I know that I will become illegal due to I divorce with him. but if I marry to another USC, can he help me to apply for GC? does this will affect my future GC case and other paper work? thank you.
I am married to a USC last year, but recently I found out that he actually is also dating with another girl and I want to divorce with him. The problem is that we didn't pass our GC interview. Now I want to divorce with him and I want to know that if I divorce with him now will affect my 2nd marriage in the future? I mean what if I am going to married to another USC in the future, does my 1st marriage will affect my case in the future? I know that I will become illegal due to I divorce with him. but if I marry to another USC, can he help me to apply for GC? does this will affect my future GC case and other paper work? thank you.
Lost H1b Visa, I797 I94 and Passport
Hello Rajeev
I came to USA for Masters Program and completed it and currently I am working here with a valid H1B Visa. I got my H1B successfully stamped in Delhi last year and started my H1B clock from October 2007.
Few weeks back I lost my Passport, H1B Visa (the stamping in the passport) I797, and I94. I do not have any photocopy of the Visa (H1B) and I94 card.
I recollect that the first thing I have to do is apply for a new passport which I completely understand and I am ready with the process of applying.
My queries are:-
With the new passport in hand
1) Should I re apply my I797 and I94 card?
2) With the I797 and I94, Should I undergo the whole stamping process at an US embassy outside USA?
3) I contacted US Embassy – they told me to apply for another Visa so I am worried on it
Can I (alternative thoughts):-
1) Apply for an employee transfer (from A to B) and receive a new I797 from the employer B? (Without original passport and I797) but with the pay stubs which I have for past 6 months.
2) And now with the new I797 (from employer B) can I go for stamping process? – So I can avoid re-applying I 797 (with employer A) I am not sure if this is a valid process please help here.
3) Is it mandatory to apply for the duplicate of I94 card? If I take follow this alternative? Is it a sure document incase I am traveling outside the country for stamping process(with I797 from employee B)
Please suggest anything related to my case if I had forgotten to highlight.
Thanks and please if you could answer it would be of great help as my condition is critical.
Hello Rajeev
I came to USA for Masters Program and completed it and currently I am working here with a valid H1B Visa. I got my H1B successfully stamped in Delhi last year and started my H1B clock from October 2007.
Few weeks back I lost my Passport, H1B Visa (the stamping in the passport) I797, and I94. I do not have any photocopy of the Visa (H1B) and I94 card.
I recollect that the first thing I have to do is apply for a new passport which I completely understand and I am ready with the process of applying.
My queries are:-
With the new passport in hand
1) Should I re apply my I797 and I94 card?
2) With the I797 and I94, Should I undergo the whole stamping process at an US embassy outside USA?
3) I contacted US Embassy – they told me to apply for another Visa so I am worried on it
Can I (alternative thoughts):-
1) Apply for an employee transfer (from A to B) and receive a new I797 from the employer B? (Without original passport and I797) but with the pay stubs which I have for past 6 months.
2) And now with the new I797 (from employer B) can I go for stamping process? – So I can avoid re-applying I 797 (with employer A) I am not sure if this is a valid process please help here.
3) Is it mandatory to apply for the duplicate of I94 card? If I take follow this alternative? Is it a sure document incase I am traveling outside the country for stamping process(with I797 from employee B)
Please suggest anything related to my case if I had forgotten to highlight.
Thanks and please if you could answer it would be of great help as my condition is critical.
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USCIS vs Visa Bulletin dates
Hi Rajeev,
I am confused with different dates and feedbacks I am getting from different people about the status of myapplication. I started my employment based application back in April 2004. I-140 was approved back in March 2007 and I applied for I-485 in June and they have given me a receipt date of July 24,2007. Based on the latest information on uscis website, they are current processing mid July However, based on the visa bulletin the priorty date they are processing is Nov 2002.
When I talk to my attorney, he says I should get my card within the next couple of months (I should base my expectation on the date at uscis) but when I talked to another lawyer she says I still have about 1.5 to 2 years ( based on visa bulletin). Since I am getting conflicting infromation, I am confused. please help!!!
Regards
Sunny
Hi Rajeev,
I am confused with different dates and feedbacks I am getting from different people about the status of myapplication. I started my employment based application back in April 2004. I-140 was approved back in March 2007 and I applied for I-485 in June and they have given me a receipt date of July 24,2007. Based on the latest information on uscis website, they are current processing mid July However, based on the visa bulletin the priorty date they are processing is Nov 2002.
When I talk to my attorney, he says I should get my card within the next couple of months (I should base my expectation on the date at uscis) but when I talked to another lawyer she says I still have about 1.5 to 2 years ( based on visa bulletin). Since I am getting conflicting infromation, I am confused. please help!!!
Regards
Sunny
Regarding "notice returned undeliverable" message
Hi Rajiv,
Since end of September, 2007 my I140 case status shows "notice returned undeliverable" message but my employer has assured me that they have received the I140 approval notice.I was told by my employer that this happened due to change in the company attorney's address sometime after filing my I140 application.
My I485 status is currently pending.Should I be concerned about this situation?Please advice.
Thank you.
Hi Rajiv,
Since end of September, 2007 my I140 case status shows "notice returned undeliverable" message but my employer has assured me that they have received the I140 approval notice.I was told by my employer that this happened due to change in the company attorney's address sometime after filing my I140 application.
My I485 status is currently pending.Should I be concerned about this situation?Please advice.
Thank you.
Background checks...any sign of a solution?
Hi Rajiv,
My I-485 has been pending since June 25, 2005. I have been stuck in background checks since then. How long are these delayed cases taking on average? I've heard people say that it is relatively rare for these cases to go past three years. Is there any truth to that?
By the way, has anyone filed a lawsuit on fairness grounds? It's obvious that these delayed cases are being treated differently by the USCIS compared to other applications. For instance, these poor souls are required to shell out application fees every year for their employment authorization. With the recent fee increase for a couple that's almost $700 a year. Given that the dealy is due to no fault of their own, it is terribly unfair to these individuals.
Sayeed
Hi Rajiv,
My I-485 has been pending since June 25, 2005. I have been stuck in background checks since then. How long are these delayed cases taking on average? I've heard people say that it is relatively rare for these cases to go past three years. Is there any truth to that?
By the way, has anyone filed a lawsuit on fairness grounds? It's obvious that these delayed cases are being treated differently by the USCIS compared to other applications. For instance, these poor souls are required to shell out application fees every year for their employment authorization. With the recent fee increase for a couple that's almost $700 a year. Given that the dealy is due to no fault of their own, it is terribly unfair to these individuals.
Sayeed
Retaining priority date
Hi Rajeev,
Hope you are doing good.
Is it true that once the I140 gets approved for a person he can retain that priority date for ever provided there was no fraud. Lets say my I-485 gets denied for whatever reason and then I have to restart my GC process all over again with a new employer, can I claim my old priority date.
Other situation can be - after the denial of 485 , applicant goes back to India and comes back when his priority date becomes current, can he still use that old priority date.
Thank you.
Hi Rajeev,
Hope you are doing good.
Is it true that once the I140 gets approved for a person he can retain that priority date for ever provided there was no fraud. Lets say my I-485 gets denied for whatever reason and then I have to restart my GC process all over again with a new employer, can I claim my old priority date.
Other situation can be - after the denial of 485 , applicant goes back to India and comes back when his priority date becomes current, can he still use that old priority date.
Thank you.
Hi Rajeev:
Hi, I am from Sri Lanka. I just got my EB2-NIW approved. (this was a self petition, so I do not have an attorney). I had also filed he I485 concurrently, and the priority date is 9/12/2006. My H1B (6th year) is coming to an end in 6 more months. What do I do if the AOS is not approved soon?
I do have an EAD that can be extended, but because mine is a Federal govt job, they do not pay benefits unless I have a visa/immigrant status.
please help!
PRH
Hi, I am from Sri Lanka. I just got my EB2-NIW approved. (this was a self petition, so I do not have an attorney). I had also filed he I485 concurrently, and the priority date is 9/12/2006. My H1B (6th year) is coming to an end in 6 more months. What do I do if the AOS is not approved soon?
I do have an EAD that can be extended, but because mine is a Federal govt job, they do not pay benefits unless I have a visa/immigrant status.
please help!
PRH
Hi Rajiv
Hope you are doing good.
You must have read/heard about the new law in Michigan which allows new driving license to be issued to only US citizens and permanent legal residents. This leaves out a huge population of legal aliens, people who are in the process of becoming permanent residents and foreign students. In short, michigan has committed economic suicide.
I have found that AILA has already made a representation to the Secretary of State. What options do we have as individuals to lobby for a change. If we need to contact legislators, which designation is the best to approach to (State rep, Senator....)
Thanks
Siddharth
Hope you are doing good.
You must have read/heard about the new law in Michigan which allows new driving license to be issued to only US citizens and permanent legal residents. This leaves out a huge population of legal aliens, people who are in the process of becoming permanent residents and foreign students. In short, michigan has committed economic suicide.
I have found that AILA has already made a representation to the Secretary of State. What options do we have as individuals to lobby for a change. If we need to contact legislators, which designation is the best to approach to (State rep, Senator....)
Thanks
Siddharth
Perm Eb2
I have applied for AOS based on EB3 with Priority date of 10/2004. I am working on getting PERM EB2 approved. At what point should i request the upgrade to EB2 from EB3 with older priority date? At the I-140 stage or at the I-485 stage? Should i get a new I-140 with the newer PD and then apply for a new EB2 I-485 and include a copy of my older I-140? Or should i request a new I-140 with the older PD by including a copy of the older I-140 and then amend the existing I-485 application?
Thank you.
I have applied for AOS based on EB3 with Priority date of 10/2004. I am working on getting PERM EB2 approved. At what point should i request the upgrade to EB2 from EB3 with older priority date? At the I-140 stage or at the I-485 stage? Should i get a new I-140 with the newer PD and then apply for a new EB2 I-485 and include a copy of my older I-140? Or should i request a new I-140 with the older PD by including a copy of the older I-140 and then amend the existing I-485 application?
Thank you.
Hi, Rajiv
Thank you for the service to the immigrant community. I posted the question in the last conference call. I think probably due to disturbance I could not hear at the time of conference or in the recording. I appreciate if you could revisit this issue. Sorry If it is too-much of a trouble. I have a question regarding Advance Parole. Myself and my wife have applied I485 and have AP and EAD which is valid until October this year. We have extended the H1 and H4 too (not Stamped though).
We are planning to take a vacation this summer. My wife would like to stay for around 3 months out side USA. Is it advisable to do like that? in some places I read that extended period of stay may challenge the I485.
1. Is it better to use AP to return or get the H1 and H4 stamped and use that.
Your advice is highly appreciated.
Thank you for the service to the immigrant community. I posted the question in the last conference call. I think probably due to disturbance I could not hear at the time of conference or in the recording. I appreciate if you could revisit this issue. Sorry If it is too-much of a trouble. I have a question regarding Advance Parole. Myself and my wife have applied I485 and have AP and EAD which is valid until October this year. We have extended the H1 and H4 too (not Stamped though).
We are planning to take a vacation this summer. My wife would like to stay for around 3 months out side USA. Is it advisable to do like that? in some places I read that extended period of stay may challenge the I485.
1. Is it better to use AP to return or get the H1 and H4 stamped and use that.
Your advice is highly appreciated.
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Possibility of using AC-21 with different employers.
Hi Rajiv,
Thanks for all your efforts.
Background:
I am on H-1B; my Labor & I-140 was approved thru Company-A during early 2006. Due to end of project & some family needs I changed to a similar job in summer of 2007 to Company-B (on H-1 transfer). Come July 2007, Company-A (same employer whose I-140 was approved) offered me the old position and applied for I-485. Eventually Company-A could not find me a project so far and I continued working for Comapny-B (on the transferred H-1). Also in the meanwhile, I got the EAD recently.
Questions:
1. What are the chances that once the time come by using AC-21, transfer the EAD/I-485 to Company-B? The lawyer at Company-B thinks that they can not prove my intent of working for Comapny-A. For reasons:
2. What are the chances that I can use the AC-21 & transfer the EAD/I-485 to a totally new employer say Company-C?
3. The H-1 with Company-A expired this last month, so do I need to renew/transfer the H-1 or Can I use the EAD? If both of these options are possible then what do you recommend?
Thanks a lot for your help.
Hi Rajiv,
Thanks for all your efforts.
Background:
I am on H-1B; my Labor & I-140 was approved thru Company-A during early 2006. Due to end of project & some family needs I changed to a similar job in summer of 2007 to Company-B (on H-1 transfer). Come July 2007, Company-A (same employer whose I-140 was approved) offered me the old position and applied for I-485. Eventually Company-A could not find me a project so far and I continued working for Comapny-B (on the transferred H-1). Also in the meanwhile, I got the EAD recently.
Questions:
1. What are the chances that once the time come by using AC-21, transfer the EAD/I-485 to Company-B? The lawyer at Company-B thinks that they can not prove my intent of working for Comapny-A. For reasons:
A) Since I was not employed with Company-A at the time of filing I-485;
B) Since I was employed with Company-B at the time of filing I-485 AND the transfer will be to Company-B. Thus this could be interpreted that the intent was not to join Company-A.
They do not sound confident. What is your opinion?B) Since I was employed with Company-B at the time of filing I-485 AND the transfer will be to Company-B. Thus this could be interpreted that the intent was not to join Company-A.
2. What are the chances that I can use the AC-21 & transfer the EAD/I-485 to a totally new employer say Company-C?
3. The H-1 with Company-A expired this last month, so do I need to renew/transfer the H-1 or Can I use the EAD? If both of these options are possible then what do you recommend?
Thanks a lot for your help.
Last edited by a moderator:
jaiveer_gill
New Member
Hello Rajiv,
I am currently on H1B, already applied for AOS-I485 (EB3), I 140 approved, EAD and AP approved for wife and myself. I485 package was received by USCIS on August 1st, 2007.
I have been living in US since end of July 2007, prior to that I was coming to work in US from Canada on daily basis (I was living in Ontario, Canada and working in Michigan). I am a permanent resident of Canada and a citizen of India.
I had fulfilled my residency requirements for applying for Canadian citizenship before I moved to US from Canada. It takes about 12-15 months to process Citizenship application in Canada.
If I apply for Canadian citizenship now and assuming that I 485 will be still pending when I become Canadian citizen; what are the negative impacts on pending I 485 application, if any because of change in citizenship?
Please Advice.
Thank you for the service to the immigrant community.
I am currently on H1B, already applied for AOS-I485 (EB3), I 140 approved, EAD and AP approved for wife and myself. I485 package was received by USCIS on August 1st, 2007.
I have been living in US since end of July 2007, prior to that I was coming to work in US from Canada on daily basis (I was living in Ontario, Canada and working in Michigan). I am a permanent resident of Canada and a citizen of India.
I had fulfilled my residency requirements for applying for Canadian citizenship before I moved to US from Canada. It takes about 12-15 months to process Citizenship application in Canada.
If I apply for Canadian citizenship now and assuming that I 485 will be still pending when I become Canadian citizen; what are the negative impacts on pending I 485 application, if any because of change in citizenship?
Please Advice.
Thank you for the service to the immigrant community.
- Status