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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fromnaija
04-27 03:49 PM
Many people wait until they at least receive the receipt notice but nothing stops you from starting with the new employer as soon as the petition is submitted (you may need to provide proof of this submission) as per AC21.
(I am not an attorney so please contact your lawyer for confirmation)
Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.
Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.
(I am not an attorney so please contact your lawyer for confirmation)
Company B applied H1B tranfer petition for me two weeks back. Our documents went to USCIS, and we didnt received receipt notice yet. To my surprise the filing fee check is also not yet encashed.
Can anyone of you please let me know, if I can start working with company B now or wait until we get the receipt notice. What is the USCIS guidelines with the start date during H1B transfer.
GCPain1
09-20 08:36 PM
I have been arrested on Domestic Violence call by my wife ( of cource false allegations) about month back. Police investigation did not find any evidences and never sent file to DA for filing hence DA never filed charges.
Now USCIS requesting following
1) Please submit an arrest record and final court dispositions for each of your arrests. Court dispositions must be in the original and bear the stamp and/r seal of the appropriate court or clerk. If a court disposition or police record is not available, you must provide official or certified evidence from the appropriate law enforcement agency or court confirming the record in unavailable. Please note, these documents must either be the original or certified copy.
How to get court deposition or evidence that no charge are filed against this arrest?
I have filed petition for expunging arrest record but that will take a while to conclude.
Please advice what proof I can send to USCIS that this arrest did not even result in charges in court.
Thanks
Now USCIS requesting following
1) Please submit an arrest record and final court dispositions for each of your arrests. Court dispositions must be in the original and bear the stamp and/r seal of the appropriate court or clerk. If a court disposition or police record is not available, you must provide official or certified evidence from the appropriate law enforcement agency or court confirming the record in unavailable. Please note, these documents must either be the original or certified copy.
How to get court deposition or evidence that no charge are filed against this arrest?
I have filed petition for expunging arrest record but that will take a while to conclude.
Please advice what proof I can send to USCIS that this arrest did not even result in charges in court.
Thanks
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Digitalosophy
06-21 05:51 PM
Thank you man, it's a shame the client had to front.
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babu123
04-28 07:21 AM
Do you have any link where the guidelines are?
iheartindia79
10-23 02:21 PM
I got a LUD on AP too, no change in the status though.
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ssdtm
06-24 10:10 PM
Do we need to send the copy or the original of the Employment letter for filing 485?
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desitechie
07-22 12:37 PM
Please respond...
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wandmaker
11-01 01:56 PM
At the time of filing my application I just used one address.
Somehow I didn't know you could use Permanent address and current address.
You have used "one" address in I485, the same should be reflected in G325 - Consult with your lawyer.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
G325 is mandatory, if you or the lawyer has not sent to USCIS, you will get an RFE
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
File AR11 online with USCIS, plain and simple.
Somehow I didn't know you could use Permanent address and current address.
You have used "one" address in I485, the same should be reflected in G325 - Consult with your lawyer.
I'm not sure but I guess my lawyer didn't file G325 form.
Is filing G325 form something mandatory ?
G325 is mandatory, if you or the lawyer has not sent to USCIS, you will get an RFE
I've moved recently.
I want to change the address now but want to give a new address (which is not the address I moved to .)
Should it be fine?
Thank you.
File AR11 online with USCIS, plain and simple.
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samswas
04-21 03:08 PM
ashkam,
Thank you fro the reply!
She has a Pending I-485 application!
Some people are getting an I-94, which will be valid for an year from date of entry!. Does that mean her parole status expires after one year of re-entry. If so, what should I do to extend it?
Thank you fro the reply!
She has a Pending I-485 application!
Some people are getting an I-94, which will be valid for an year from date of entry!. Does that mean her parole status expires after one year of re-entry. If so, what should I do to extend it?
more...
logiclife
04-20 08:27 PM
We have asked for an amendment to allow applicants to file for I 485 even when the dates are not current so that EAD can also be filed (which gives portability).
Please see the link "Amendments" on home page and look for Sen. Brownback's amendment.
Please see the link "Amendments" on home page and look for Sen. Brownback's amendment.
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pokiri
07-09 11:21 AM
Hi Uma,
As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.
My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
Is this fine ?
Thank you.
As you mentioned that I need to apply the transfer through a Lawyer, I am little confused.
My consulting company with whom my H1B exists and to which my wife's H1B to H4 transfer is planned, have sent me the required documents "I539, Application to Extend/Change Non-immigrant Status" and asked me to send them to USCIS myself.
Is this fine ?
Thank you.
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mach1343
11-22 01:39 PM
Hi,
I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.
Scenarios:
1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.
2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.
3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.
I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.
I got a contract offer at company A (Industry: Health) at a big city. Currently I am working for a State Government as a contractor. As per salary is concerned not much of a difference between the two contract positions. Me and and my wife are currently working but at different places. 2-3 months back we thought of moving to a big place so that the probability of the other person getting job would be more and we can stay together at the same place so I applied for Company A. They accepted my resume but because of the economy and budget constraints they hold the position and after sometime I forgot about it. I dropped the idea of moving and didn't apply for any jobs because of the current economy situations. Now last week after more than 2 months they reopened that position and interviewed me and I got the offer yesterday. Now I am in a dilemma whether to take this offer at Company A or stay where I am until the economy goes little better. My current job is stable. Added to that my wife's contract getting over in Jan 2009. I am cracking my head here thinking what's right thing to do.
Scenarios:
1. If I moved to Company A and my job is good and then after Jan my wife can look for a job at that place. (chances are more because of Big City). Everything is good.
2. If I moved to Company A and crisis is soo bad and I lost my job and from jan my wife contract is ending. After that it's just nightmare.
3. If I stay where I am and once the economy stabilizes atleast a bit and look for a job.
I really appreciate your suggestions. I know they are people in our forum who studied current economy so good and can give me a valuable advice. Thanks.
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vvpandya
05-12 09:22 AM
Thanks!
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vivache
11-09 05:09 PM
I called the embassy and the staff member told me that I would have to go to the nearby DHL office in LIMA and drop all the documents. And then the embassy would get back wihin 4-10 business days.
This is really dicey for me since the Christams holidays could push this ahead.
So no go.
This is really dicey for me since the Christams holidays could push this ahead.
So no go.
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Blog Feeds
01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
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11-09 09:43 PM
Anyone?
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waitingonlc
02-17 03:15 PM
Hi,
I have a pending I-485.
My case was file in jan 02. I have approved labour and I-140. I filed my I-485 in Jun 2005 and have an EAD and parole. How do I find when can I file my spouse's case.
Thanks
visit http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2805.html and look under emploment category
I have a pending I-485.
My case was file in jan 02. I have approved labour and I-140. I filed my I-485 in Jun 2005 and have an EAD and parole. How do I find when can I file my spouse's case.
Thanks
visit http://www.travel.state.gov/visa/frvi/bulletin/bulletin_2805.html and look under emploment category
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NH123
07-24 03:46 PM
Is it possible to start a business on H1-B.Will there be any issues when i will file my 485.Can i open a bank account in USA and start doing transactions on that account ?Thanks in advance
kewlchap
04-07 02:52 AM
Folks,
Some people are reporting Name check / FP cleared status with their signatures. How can one find out the status?
Some people are reporting Name check / FP cleared status with their signatures. How can one find out the status?
panky72
06-24 12:00 PM
Hi friends,
Sorry I starting new thread. I don't find any related this. If you have link please send me.
My questions are?
1. What are supporting documents for EAD?
Ans:
2. What are supporting documents for AP?
Ans:
3. Do I need to send separate mail for EAD and AP? both in one?
Ans:
4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
U.S. Mail:
USCIS Nebraska Service Center
Attn: E-Filed I-765
P.O. Box 87373
Lincoln, NE 68501-7373
Ans:
You will find all the answers here
http://immigrationvoice.org/forum/showthread.php?t=18737
Sorry I starting new thread. I don't find any related this. If you have link please send me.
My questions are?
1. What are supporting documents for EAD?
Ans:
2. What are supporting documents for AP?
Ans:
3. Do I need to send separate mail for EAD and AP? both in one?
Ans:
4. What NSC Fed-Ex address for E-filers (EAD and AP)? I got in receipt is
U.S. Mail:
USCIS Nebraska Service Center
Attn: E-Filed I-765
P.O. Box 87373
Lincoln, NE 68501-7373
Ans:
You will find all the answers here
http://immigrationvoice.org/forum/showthread.php?t=18737