SGP
11-06 05:06 PM
I�m in EB2 and My I-140 was approved on March 2009 through Employer A. After which I moved to India and now am back (Nov 2010) with Employer B. My old Employer A has my apporved I-140.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
It would be great if I get answer the below my Question:
1. Can I apply for I-485 with my new employer B based on my approved 140?? OR
2. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
Thanks for your help.
preety
Hello Preety :
1. Since you are asking the question for applying for I-485 with employer B, I presume that you have not filed for I-485 with employer A. If this is the case then you will have to apply for new labor. Once you have new labor approved, then you will have to apply for I-140. You will be able to maintain the same priority date from the old approved I-140 (please make sure you have a photocopy of approved I-140 from employer A).
Now, if in case you had already filed for I-485 with employer A and the case has been pending for more than 180 days, then you can switch jobs using AC21.
2. I do not personally feel that there is any need to go back to the old employer to file for your I-485.
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vactorboy29
09-21 03:20 PM
For us it took @ 104 days to get AP approved.
Receipt Date - 04 June 2010
Aprroved Date 17 Sep 2010
Still i am wating on EAD,EAD was applied same time.We had RFE on June 22 resubmitted now system showing June 25 receipt date.
Receipt Date - 04 June 2010
Aprroved Date 17 Sep 2010
Still i am wating on EAD,EAD was applied same time.We had RFE on June 22 resubmitted now system showing June 25 receipt date.
ImmigrationAnswerMan
10-13 07:34 PM
Actually your friend wants to go to the local Customs and Border Protection office, not USCIS. I would recommend calling first as many CBP offices have specific times when they will accept walk-ins for issues such as this.
* The information here is of a general nature and should not be relied upon without first consulting with an experienced immigration law attorney. Immigration laws and procedures frequently change. This information is not intended to create an attorney-client relationship.
* The information here is of a general nature and should not be relied upon without first consulting with an experienced immigration law attorney. Immigration laws and procedures frequently change. This information is not intended to create an attorney-client relationship.
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Blog Feeds
06-17 08:40 PM
In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
more...
crystal
02-07 04:07 PM
afaik, copy is enough.
tnite
09-13 02:10 PM
Is it possible to change to Consular processing while I-140 and I-485 is in pending.
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
If you search murthy forums ,there is a Q&A about this.Its easy to switch from CP to AOS but difficult the other way around.
check q2. in this pdf (http://www.jackson-hertogs.com/jh/faq/5051.pdf) document
Consult a lawyer
I filed 485 in Aug and do not have the receipt either.
Kindly advice.
If you search murthy forums ,there is a Q&A about this.Its easy to switch from CP to AOS but difficult the other way around.
check q2. in this pdf (http://www.jackson-hertogs.com/jh/faq/5051.pdf) document
Consult a lawyer
more...
sanju
02-03 05:08 PM
or if you know some website which has reviews of companies plz let me know that site...
You are asking a wrong question. Beware of all Desi cos. They are all the same. If you are under some compulsion to join a desi cos, then you got to do what you got to do.
I think it would be best to speak with someone who is already working for the cos and join if your friend or someone you know is already working there.
Also, get EVERYTHING in writing, I mean EVERYTHING. Do not trust desi cos just because the guy is sweet talker.
.
You are asking a wrong question. Beware of all Desi cos. They are all the same. If you are under some compulsion to join a desi cos, then you got to do what you got to do.
I think it would be best to speak with someone who is already working for the cos and join if your friend or someone you know is already working there.
Also, get EVERYTHING in writing, I mean EVERYTHING. Do not trust desi cos just because the guy is sweet talker.
.
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frostrated
07-09 02:08 PM
Hi,
I looked at the list of civil surgeons that approved by USCIS. I called some of them and everyone told me differently in pricing. The basic I693 test would cost around $$220, and if i need vaccines, It would be an addition cost. Like some said the MMR vaccine would cost $120, the other said $50
Lot of them said the cost for chicken pox vaccins is around $120 ( I dont have insurance). My parent is not really sure if I ever have chicken pox or not so incase I need one, DO you know where to get those shots cheaper? Thank you for your time!
go to your county health clinic and take the vaccinations. they are usually free or very cheap. you can then show the report to the uscis doctor to get a waiver.
I looked at the list of civil surgeons that approved by USCIS. I called some of them and everyone told me differently in pricing. The basic I693 test would cost around $$220, and if i need vaccines, It would be an addition cost. Like some said the MMR vaccine would cost $120, the other said $50
Lot of them said the cost for chicken pox vaccins is around $120 ( I dont have insurance). My parent is not really sure if I ever have chicken pox or not so incase I need one, DO you know where to get those shots cheaper? Thank you for your time!
go to your county health clinic and take the vaccinations. they are usually free or very cheap. you can then show the report to the uscis doctor to get a waiver.
more...
skagitswimmer
November 17th, 2005, 11:57 AM
I'd try setting it up as a diagonal with the petal running from lower left lo upper right.
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ticktoe
07-15 09:22 PM
I am having an option of joining a new employer with whom to file LC. Company is not very big 50 employees and started in 2002.
I am very worried about the stability of the company. This kind of companies are normal or I am just unneccessarily imagining and worrying ???
How to check the stability of a company before you start filing anything ???
Anybody knows about this ??
I am very worried about the stability of the company. This kind of companies are normal or I am just unneccessarily imagining and worrying ???
How to check the stability of a company before you start filing anything ???
Anybody knows about this ??
more...
minimalist
08-15 04:40 PM
I will be travelling outside US using AP by end of this month. I don not have valid stamped visa. Recently small part of my old company (A)got acquired by new company and my job was moved to new company (B)
Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.
Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.
Any issues ? I don�t want to abandon my H1 status.
Gurus please advise.
Thanks
BAsed on what I know, even if you use AP to re-enter and continue to work with the GC petitioning company, your H1 status is still valid.
Your scenario is you will be reentering on AP , but switching the job to a new employer. You may lose your H1 status
----
Not a lawyer
EB3 I - MAy 2006
Contribution -- $100
Lawyer at company B applied for New H1 in May 2008 ( old is still valid till 2009)�but haven�t received approved 797 notice yet.
Can I travel outside US and comeback without haveing approved new 797 notice. I do have EAD and old 797.
Any issues ? I don�t want to abandon my H1 status.
Gurus please advise.
Thanks
BAsed on what I know, even if you use AP to re-enter and continue to work with the GC petitioning company, your H1 status is still valid.
Your scenario is you will be reentering on AP , but switching the job to a new employer. You may lose your H1 status
----
Not a lawyer
EB3 I - MAy 2006
Contribution -- $100
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sai_k
06-10 05:27 PM
Hi there
I am currently working on F1-OPT with company A. Company A filed for my
H1B visa and it got approved, which is yet to start from Oct 2010. But now I
got an offer from Company B. I have to get my H1 transferred to company B.
I have informed my current employer(Company A) about this transfer.
But actually they(company A) are planning to withdraw my H1B visa petition
from USCIS as I will not be working with them from Oct 2010.
I would like to know if this will affect my visa transfer.
Can someone please let me know how it works and suggest me what should I do
to get my transfer done?
Thank you so much for the help
Sai
I am currently working on F1-OPT with company A. Company A filed for my
H1B visa and it got approved, which is yet to start from Oct 2010. But now I
got an offer from Company B. I have to get my H1 transferred to company B.
I have informed my current employer(Company A) about this transfer.
But actually they(company A) are planning to withdraw my H1B visa petition
from USCIS as I will not be working with them from Oct 2010.
I would like to know if this will affect my visa transfer.
Can someone please let me know how it works and suggest me what should I do
to get my transfer done?
Thank you so much for the help
Sai
more...
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sfxman
05-09 02:30 PM
Thanks!
Is your case number low?
Mine should be current in december/january if it follows same trend as this year...
Is your case number low?
Mine should be current in december/january if it follows same trend as this year...
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jaggu80
10-11 02:33 AM
I have my contract which mentions start date of 25th october 2010 but my H1B petition is still pending and that is the reason once my petition is approved and if I go for visa interview after 25th october would that affect my ability to get visa. My employer is ok with me starting 1-2 weeks late. My petition is H1B cap exempt.
more...
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adhantari
07-07 03:01 PM
It was just an innocent question for a friend. You guys give out red dots for asking questions???
gcformeornot: don't appreciate your judgment.
designserve: thanks.
where in your OP you say its about a friend..... now that it backfired.... you braught in a friend??? now a days everybody posts for thier friend.....
gcformeornot: don't appreciate your judgment.
designserve: thanks.
where in your OP you say its about a friend..... now that it backfired.... you braught in a friend??? now a days everybody posts for thier friend.....
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IN2US
07-27 02:20 PM
Hello,
The new fee structure goes into effect Aug 17.
I vaguely remember reading an anecdote that there is no need to pay yearly renewal fees in the new fee structure. (Am I right?) Please share your views.
--- Not true, you have to renew your EAD/AP every year.
Are there any advantages to filing per new fees?
--- Oh yeah, you will be listed in 2007 Forbes List of "THE RICH" if you are able to afford the new fees structure :) and also ................that is it .
take it easy :)
The new fee structure goes into effect Aug 17.
I vaguely remember reading an anecdote that there is no need to pay yearly renewal fees in the new fee structure. (Am I right?) Please share your views.
--- Not true, you have to renew your EAD/AP every year.
Are there any advantages to filing per new fees?
--- Oh yeah, you will be listed in 2007 Forbes List of "THE RICH" if you are able to afford the new fees structure :) and also ................that is it .
take it easy :)
more...
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dallasanalog
03-22 02:48 PM
Hi,
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?
Thanks
I have AOS and was recently laid off from my job. As I haven't found another job by the removal-from-payroll deadline, my H1B will expire. My question is, once I get my EAD, can I apply for a new H1B. The motivation is that I can bring a spouse over on a dependant visa only on H1B but not on AOS. How should I work this out?
Thanks
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jamesingham
04-11 11:38 AM
Hello,
My wife is currently on H4 status. (Just the I-94, her visa expired last year October). She started her MS in Fall 2009. She already competed 2 Semesters of MS on H4 visa. We applied for her Change of Status to F1 visa in March. According to the USCIS processing dates, she will get the COS approved approximately in June 1st week.
She will have to travel to India this summer. The question we have is,
is it advisable to wait till she gets her F1 COS Approved and then go to India for F1 Stamping ?
or abandon the F1 COS and go for F1 stamping directly in India ?
Please advice if there are any risks involved here.
My wife is currently on H4 status. (Just the I-94, her visa expired last year October). She started her MS in Fall 2009. She already competed 2 Semesters of MS on H4 visa. We applied for her Change of Status to F1 visa in March. According to the USCIS processing dates, she will get the COS approved approximately in June 1st week.
She will have to travel to India this summer. The question we have is,
is it advisable to wait till she gets her F1 COS Approved and then go to India for F1 Stamping ?
or abandon the F1 COS and go for F1 stamping directly in India ?
Please advice if there are any risks involved here.
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gcdreamer05
09-12 10:11 AM
Hi,
There are some changes in applying for US visa from canada.
Please read this article, talk or find someone who recently tried it, make sure there are no issues and then plan your travel.
MurthyDotCom : Change in Procedures to Apply for a U.S. Visa in Canada (http://murthy.com/news/n_chacan.html)
There is a change in the procedure for applying for a visa at a U.S. consulate in Canada, which went into effect September 1, 2010. As many MurthyDotCom and MurthyBulletin readers apply for U.S. visas in Canada, this information should help them to plan appropriately.
New Appointment System
To schedule a visa appointment in Canada, applicants must use CSC Visa Information Services to apply for a U.S. visa at a U.S. consulate in Canada. There are no surcharges for phone calls or access to the appointment service. There are standard visa issuance fees, of course, which are charged by the U.S. Department of State (DOS).
More on that link....
There are some changes in applying for US visa from canada.
Please read this article, talk or find someone who recently tried it, make sure there are no issues and then plan your travel.
MurthyDotCom : Change in Procedures to Apply for a U.S. Visa in Canada (http://murthy.com/news/n_chacan.html)
There is a change in the procedure for applying for a visa at a U.S. consulate in Canada, which went into effect September 1, 2010. As many MurthyDotCom and MurthyBulletin readers apply for U.S. visas in Canada, this information should help them to plan appropriately.
New Appointment System
To schedule a visa appointment in Canada, applicants must use CSC Visa Information Services to apply for a U.S. visa at a U.S. consulate in Canada. There are no surcharges for phone calls or access to the appointment service. There are standard visa issuance fees, of course, which are charged by the U.S. Department of State (DOS).
More on that link....
problem2010
01-05 12:27 PM
I am currently on H1-B, however, I was not staffed on any project and hence was not paid for the past one year and two months. Now I want to apply for a change of status to H4 and found that I may need to provide recent pay stubs for 2-3 months. I was not aware of the rule that in such case one should file a COS within 180 days of H1-B activation. I spoke to my employer about this and he asked me to file for a COS without submitting any pay stubs. In case a RFE comes asking for pay stubs etc, he said we would provide a letter stating that due to personal family problems and relocation problems I was not able to join any project.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
In fact my employer informed me that there were 5 other employees who had the same case recently. All of them had applied for a change of status without any pay stubs and only one of them got an RFE and the above stated letter was sufficient for the RFE response and the COS was subsequently successful.
I wanted to get advice for the best course of action for filing my Change of Status.
mrsr
07-09 08:08 PM
How about this idea?
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