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cooldudesfo

12-22 12:20 AM

Hi,

Need quick suggestion:

Company A filed for GC. Labor and I-140 was approved. I-485 was filed during July 2007.

I changed employer in June 2009; replied to RFE and filed AC21 in July 2009.

I came to know that my GC sponsring company is going to close the company soon. My current immigration attorney is suggesting that if that happens; and if INS came to know that GC sponsring company is closing down, they will revoke my I-140.

Is it true? I thought after AC21 is invoked; whatever happens to GC sponsring company, it will not impact my GC application in any way.

Please advice.

V

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karthik204

09-11 04:58 PM

Hope this helps

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05-12 02:38 PM

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mchokshi

04-05 10:07 AM

I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.

Question:
Do i need to file for new h1-b or transfer?

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gc_lover

06-27 01:20 PM

Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?

Thanks
sri

Yes...you can file. Those are completely seperate process.

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satishku_2000

06-04 08:26 PM

I got the same kind of RFE , but the wage paid to me is much more than the proferred wage all along . But USCIS wants my company to prove that they have the ability to pay all the pending 140s .. Do you guys think I am Safe?

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eb3_nepa

06-08 10:59 AM

i dunno abt May 2001. But here is the prediction for Eb3 India being current.
..
...
.....

NEVER!! :p

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kirupa

05-21 01:58 PM

I like the first one from here more: http://www.kirupa.com/forum/showpost.php?p=844144&postcount=7 :)

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softcrowd

06-17 07:50 PM

I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.

Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).

A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.

Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.

Here below is a snapshot of our status:

Me - EB2 (Sept 2006) - I-140 Pending
- EB3 (Apr 2004) - I-140 Pending (got RFE)

My wife - EB2 (Sept 2006) - I-140 Approved

Here are the options we could think of -

I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).

Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.

Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??

In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).

Could you please help out, if you have any ideas!!

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plakshmi

08-30 10:07 AM

My date will be current from September 1st. Is it okay to travel to India on a short trip while the date is current? If 485 gets approved while I am india, can I still come back on advance parole?

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Phogs

07-07 10:52 PM

If finance is not an issue with u or co. then renew it as a fall back. U'll never know that those guys in USCIS will do on your papers. So it is better to be safer than safe =)

PD 2004 ROW:(
I140/485 Pending:confused:
EAD/AP Approved:p

filed H1B Extention 4/18/2008:D comapny paid for it.

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AirWaterandGC

06-07 09:51 AM

Thanks a lot, tikka.

hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th

maybe you can refer to that thread and close this one?

thank you

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natrajs

09-01 06:05 PM

AR -11 Helps and your attorney also will also get copy

Don't worry

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sd1020

02-26 02:11 PM

I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

Thank you very much.

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BMS1

11-04 01:15 AM

That was an old news. Around 60000 visa's were pre-allocated to pending applications before July 2nd, 2007. I would be very surprised if the numbers are not much more than 18000 for India EB3. India used to get around 40-45 K visas per year for all EB categories before 2005 since the soft quota was introduced. All these numbers are avilable on USCIS website.

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rayoflight

02-22 02:58 PM

@Admin: Please delete the reply from VSS as it contains words which are politically incorrect.

@VSS: Please refrain from bashing "undocumented workers". If you have an answer reply if not dont.

Thanks,
Rayoflight

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rajuseattle

03-02 12:55 PM

rajpatelemail,

U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.

IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.

IV admin please intervene and stop these kind of posting, which hurts IV's cause.

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ivuser

02-19 01:06 PM

QUESTION::
Can we use automatic revalidation to enter USA without getting our visa's stamped. My h1 expired in 2006 and my spouse�s H4 expired in 2006.
(Remember my spouse is applying for H1 )
ANSWER:: No, with Canadian GC you can not enter USA for long term work, without stamping. I think entry for one month is permitted.

QUESTION:: How safe it is Frequent travel to Canada and back
ANSWER:: It is safe to cross US and Canada border, if you have multiple entry visa.

QUESTION:: How safe it is to stay in Canada for duration of 3-6 months and come back to USA
ANSWER:: As long as you are in H1 B there is no restriction. In future if you enter I-485, there are complications, if you continue to travel back and forth at that time too.


QUESTION:: Once my spouse gets the H1 approved, should he move to H1 immediately or can continue on H4?
ANSWER:: Once the H1 is approved and if the new I-94 is attached at the bottom of the H1 approval, then it means the status from H4 to H1 is transferred. If there is no I-94 then the status will get transferred while you get the visa stamping.

QUESTION:: Stamping of H1 (first stamping for H1 in Canada) after conversion from H4[/QUOTE]
ANSWER:: It is ok to apply for stamping in Canada, because you have a residency there. If there is an issue then US embassy in Canada may ask you to get it stamped in your home country.

REQUEST ::
Please support IV.

DISCLAIMER::
The information provided here is of a general nature and may have error. I am not a lawyer. It is not to be considered as a legal advice. Please consult a good lawyer before taking final decision.

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rajenk

11-18 05:38 PM

What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.

Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.

Yes for 6+3 year extensions they ask for copy of approved I-140s.

Hope that helps.

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Rb_newsletter

06-16 09:39 PM

L1s don't visit these sites because most them don't apply for green card. L1s are majorly used by big companies like TCS, Infosys, etc. Those big corporates won't apply for GC. Very rarely based on relationship and long service some apply for GC.

I see lots of L1 bashing. In reality L1s are pitier than H1s. L1 cannot transfer their visa and change job as H1s do. They have to wait till H1 quota to open up for changing jobs. They run in a rat race to keep their manager happy to get better rating in their appraisal.

PS: I am on H1 status.

6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
H1 loosers still hanging here.....

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tdasara

03-19 08:34 PM

Instead of pay increase, I decided to buy stock in the company I work for (small startup firm) and I work using my EAD, AC21

My compensation and with some profit sharing makes me a 6-7% owner of the firm on paper.

Now, if the company gets hit by a lawsuit and dragged to court, will I be affected?

(My role is strictly IT related and also assist in Data Analytics).

My immigration lawyer is yet to respond.

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