kirupa
03-05 03:38 AM
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interfile
08-19 04:07 PM
Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.
If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?
If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?
Which option is better?
kishdam
03-10 09:52 AM
Hi,
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?
I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.
Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks
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watzgc
11-15 04:48 PM
Hi , I just came to know that my son's application was returned due to wrong fee and seems my lawyer resent with correct fee on Oct-19-2007. will USCIS accept the application?. I'm still waiting for the receipt # for my son.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
my spouse and me got the RN, FP and EAD approved.
anybody has same probllem ?.
thanks a lot.
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akilaakka
04-25 09:49 AM
The president can do very little about this. Indeed he tried. It is the congress .
cableman
06-12 03:37 PM
Hi all, could U pls. refer a good immigration lawyer in the tristate (NY/NJ/CT) area. Thank u.
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
My old company used Fragomen' NJ office. I found them very professional.
Iselin, New Jersey
99 Wood Avenue South, 10th Floor
Iselin, NJ 08830-2715
USA
Telephone: +1 732 906 1230
Facsimile: +1 732 906 9190
Email: Iselininfo@fragomen.com
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beavis
08-10 08:02 PM
We have the same situation. I am the primary and got my GC last July. Spouse still does not have it. We have a PD of Sep 2005 and 485 RD of Sep 2005. No idea what is happening. We also have contacted our Congressman, Senator, and done Infopass and SR. Our case was originally filed at VSC, transferred to TSC and is now at a "USCIS Office"
2010 Missing you quotes 28. Tags:
puddonhead
02-28 02:25 PM
It is irrelevant whether you are in L1b/H1/F1/"Visitor Visa" or even outside the US.
If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.
If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.
If you have worked for the sponsoring employer outside the USA for 1 year within the last 3 years in an executive capacity - you can apply in EB1.
If you are not sure if your job qualified for "executive capacity" - then it probably didn't. But maybe you should still speak with your lawyer and double check.
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%2525252525252525252525252525253B)--.--I-love-you--i-miss-you--FFS-Stuff--arena_large.jpg "hairstyles Tags: i miss you")
gc_chahiye
01-04 01:24 AM
I have a curious situation. I have filed EB3-485 as a secondary applicant to my wife. I am currently in a job where I can't file a green card ( this is my 5th year of H1b). My understanding is one can't have a seventh year extension for H1b unless his I-140 is approved.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
Should I consider changing the job and filing another GC by myself. I know I can continue renewing EAD but I still want to keep my H1b
Thanks
If you want to keep your H1-B beyond 6 years, I dont think you have any other option! You have to have your own LC>365 days or approved I140.
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crazyghoda
06-16 07:22 PM
So step children get the same benefits as dependants. Good to know. I guess if it wasnt so, someone would have raised some issue about it by now. Atleast there would have been a bill in congress.
After marriage he will be your step-son and is eligible for L2 dependent visa.
After marriage he will be your step-son and is eligible for L2 dependent visa.
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roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
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cinqsit
10-12 10:32 PM
Hello I am in H4 in usa.
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
I have applied for change of status to H1b this year, but still now I haven't received the decision form USCIS.
In the mean time, my H4 status along with I-94 is getting experied by the end of this month Oct. I am not able to file H4 extension as this would overlay my probable H1b status.
Now, If I dont get any decision on my H1b and I don't file H4 extention by the end of this month, what would be status after that? Would I become Out Of Status? What should I do under this situation?
You have 2 options
1. Convert your h1 to premium processing and hopefully get it approved before
your current h4 expires
2. apply for h4 extension - and wait for your h1 application to get through
To be really conservative - its best to file for H4 extension anyway irrespective
of whether you convert your h1 to premium
Dont let your h4 expire cause you wont have any valid status - if for some reason your h1 gets denied
Good luck!
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makemygc
07-24 04:36 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.
Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.
Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.
Please close this thread also as there are several threads with similar questions.
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breddy2000
07-12 10:48 PM
Hi,
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
Here is my story, your help & information will be appreciated...
1. I am currently working for Company A on L1B.
2. I applied for my H1B through company B while I was in US, which got approved and is valid from Oct 2007.
3. Now, my Company B which filed for my H1B had also applied for a Change of Status with the H1 & I have got my Change of Status notice along with the H1b approval. This means that my status will change to H1 from October and my L1B will not be valid.
Now, my problem is that I do not want to Join the New company until December.
However, can I still work with my company A on L1B even if after October.
Is there any Solution where we can reverse the change of Status?? and will i still be able to work on L1B after October even if my status is H1B. Will my L1B be valid or it will get cancelled???
No, you cannot reverse the change of status. The best thing to do is to join company B. From Oct 1st your status is H1. If you would have applied for fresh H1 then you cud have continued to work for company A.For this when ever you want to change to H1, you should leave the country and come back on company B visa.
I'm not sure what your problem is to join company B from Oct 1st.
PM me if you need more details. I did this conversion from L1 to H1 long time ago.
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abc
05-08 01:20 PM
I think if there is no time limit ( currently 6 years) on h1 visa and there are 3 yr extensions, it will make all of our lives so much easier.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
There will be no hurry to apply for GCs and those who really want to stay in US forever will apply, thus reducing all this backlogs too.
Any thoughts.
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desanar
04-04 06:17 PM
If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.
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akgind
09-25 12:30 PM
For more info, go to Murhty link below, and scroll to the appropriate question.
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
http://www.murthy.com/chatdb.asp?sFor=interfile&Category=All&B1=Search
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terah14
10-27 12:59 AM
The process of delay in the background check is known as the extended background check becasue I have not hear and read regarding this extended back ground check before. So anyone has hear this word or has anyone has idea about this???
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chanduv23
10-16 03:45 PM
^^^^^^^^^^^
Sachin_Stock
12-17 04:14 AM
I too, am in process of changing my address, however in this transition period I have put a hold in USPS mail. This way, I got all my travel docs from local post office safely. A colleague of mine had same exact situation like you, and he had to re-file it again.
Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.
Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.
golgappa
11-17 04:59 PM
talk to some lawyers, or research internet, there are some number of days, after your visa expiry or H1B rejection that you need to pack and leave...find out if that applies to your case..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
also when you got approval was it having new I-94 attached to it..or was it approved for consular processing..
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