sunny1000
06-11 02:31 PM
I am in my 8 yr. Have a H1-B approved Untill 2008 Dec
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
Have a EB3 Approved Labor and 140 from Company A.
Now as of today if I move to Company B ...
Question :
Can I get a 3 yr Extension based on Company A (140 Approved )
that is from june 2007 to june 2010
OR
Do I get my H1-B untill 2008 Dec ?
----
When I move to Company B is there anything that I have be aware off as
I am planning to pally Eb2 and move the PD from company A
My PD : EB3 Jun 2004
Thanks Thanks Thanks Thanks
You cannot port your I-140 to the new company. So, your H1B will also get affected as it extn is based on the underlying I-140. The only way you can accomplish moving to company B is by filing for I-485 while still at Company A (if your dates are current), wait for 6 months and then, use the AC21 provision.
This is just my view. There might be better ways but, that is the only one I can think right now.
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ivar
02-07 09:43 AM
Congrats ivar - you are now a free man!!
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.
My humble request - please do contribute to the cause that held you back for so long. If not financially, then through your efforts in advocacy & legislator meetings - every little bit counts.
GCHope2011, I haven't stopped contributing yet and planning to continue my contribution (Donation) for a while (maybe another 6 months). I have this habit of visiting IV everyday, so i am checking back today.
aristotle
01-31 01:48 PM
Where?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
Let me explain in a bit more detail..
Suppose you have an approved I140 from company A and got the 3 year H1 extension because of it. Now you transfer to Company B and got the full 3 years of H1 transferred. And Company A revoked your I140 after you left.
You cannot transfer to Company C at this point as there is no approved I140 to support your transfer. You cannot extend your H1 with Company B unless
A) your labor has been pending for more than a year OR
B) your I140 is approved
One your I140 is approved with Company B, you are in a good position again.
Crystal?
aren't u contradicting urself?
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nixstor
02-23 10:48 AM
H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.
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eager_immi
05-30 01:42 PM
GC is not for you to apply it is based on the employer. Many employers wait to file in the 5th year so you do not leave the company. Also every time your job changes within the company (which is also not in your hand) your employer will re-file labor. So you could have been here like me for 9 years with a priority date on May 2005 and bc of change in job position it will become Dec 2007 and never get your green card.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
ahaadi
01-08 01:47 PM
I also had submitted with my I-94 attached. I forgot to remove it. It was stapled and I got it back with my old passport. So dont worry.
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LostInGCProcess
03-03 11:24 AM
I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.
AC21 issues can be resolved. So don't worry about it.
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
AC21 issues can be resolved. So don't worry about it.
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
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rc10580
06-14 08:09 AM
Hi Marlon,
BTW, did you change your username??
We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(
BTW, did you change your username??
We are in New York but if we ever come to Seattle we would love to meet you guys. How did you manage to get EAD for your wife? Is it possible on H4 before I-485 is filed and pending?
We would love to have a baby next year and hope that my hubby will be able to work by then...otherwise it is one income and three of us :(
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myuname
06-25 11:50 AM
Anybody else in the same boat?
I'd say proceed with filing 485 for now and later you can think about porting etc.
Rather try filing it yourself and save lawyer fees ($1500 per primary applicant and $2000 for primary + dependent? geez this is a special offer?)
I'd say proceed with filing 485 for now and later you can think about porting etc.
Rather try filing it yourself and save lawyer fees ($1500 per primary applicant and $2000 for primary + dependent? geez this is a special offer?)
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miami75
07-03 11:47 PM
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NKR
09-22 09:00 AM
Thats what GC means to me.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
On the other hand...Its just the current state of mind...
You are asking 'What is GC, is it worth it?'. But you don't ask the same thing about other things...like 'What is Money, is it worth it?' !! 'What is family, is it worth it?'
But people do enter a state of mind, where other things become more important to them than what is important to you or me (like money, family....GC etc).
.
Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your �current state of mind�. I hope you get your GC soon.
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fromnaija
08-04 03:27 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.
PS:
Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.
PS:
Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.
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03-05 11:04 AM
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raysaikat
04-21 01:17 PM
... it is essential that one be in H1-B status.
This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.
The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.
This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.
The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.
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kicca
01-25 10:49 AM
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gc_check
06-26 03:23 PM
trying go get an answer if any one can give some insight?
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
Consult with you Attorney first, as this is a very rare scenario for any one to answer in the forum. Also see if you can get this addresses when you go for the actual FP, Try to carry all the documents, Passport, Driver's License, etc and the copy of the I-485/ I-765 etc where you have the correct names.
Attorney is the best source of information in this scenario. Also call USCIS and request them what needs to be done in this case. Also you can get a InfoPASS appointment and get this corrected.
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desih1b
05-01 10:17 AM
I think you can file a new LC with new employer and recapture the old LC priority date or if the previous 140 is still valid (not revoked) you can file for I485 using that 140 with that employer.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
Better consult an attorney. before talk to the old lawyer and get all necessary info.
all the best.
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va2000
10-10 09:30 AM
My lawyer told me that using EAD will not effected H4 status . It is good to get extensions on H4 along with H1 even you use your EAD to be safer side if some thing wrong with 485
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gcformeornot
04-07 01:08 PM
http://www.cilawgroup.com/wp-content/uploads/2010/04/AAO-Decision-re-Substituted-LC.pdf
masterji
10-20 01:19 AM
I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!
But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?
Not a lawyer.
But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?
Not a lawyer.
waitin_toolong
11-18 04:47 PM
the new FP EAD will be the one that you file for renewal, they will not automatically issue a new one.
They stand to gain $340 from it.
For the person worried about his EAD dont go by what the customer rep said, they are forever giving out incorrect information, majority of EADs issued in the last 3 months have been without biometrics.
Wait for 10 days or get infopass appointment.
They stand to gain $340 from it.
For the person worried about his EAD dont go by what the customer rep said, they are forever giving out incorrect information, majority of EADs issued in the last 3 months have been without biometrics.
Wait for 10 days or get infopass appointment.
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