HV000
08-07 02:01 PM
Hi ,
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
I was working for company A and got my labor and I-140 approved and then i changed to company B. My priority date is jan 2005. Is there any way that i can continue my green card process with company A. WOuld be of great help if somone can tell me if there is any way to do it.
Did you try porting your PD?
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ramaonline
07-27 09:54 PM
AFAIK, to switch to consular processing, you may need to withdraw the I485 and file an amended I140 indicating Consular processing. Please confirm with an attorney
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
There was a post on the attorney forum with some additional information
It is certainly possible to continue the green card process in your situation. The key requirement is that once your PD becomes current you MUST have a full time permanent job offer in the US, which you intend to accept.
If you abandon your I-485 and pursue consular processing, that position MUST be in the same position and with the same employer that obtained your labor certification. AC-21 DOES NOT APPLY TO CONSULAR PROCESSING. If you maintain either your A/P validity or H-1 visa validity, as long as the position is in the "same or similar occupation", it can be with any US employer.
Keep in mind that even if your family ends up abandoning their I-485's, as long as you do not abandon your I-485 they will be able to "follow to join" you once your AOS is granted.
Also keep in mind the possibility of EB-1 eligibility if your position with the new company can be characterized as managerial or executive and you are able to secure a transfer back to the US in a managerial or executive position after working in India for at least one year.
japs19
07-20 02:18 PM
I am in the same situation and I filed for AOS using approved 140 from Company A. The only risk is, if we get an approval within 180 days then technically we will have to go and work for Company A for minimum 90 days, which in my case is not possible. My lawyer said that he highly doubts that any action will be taken in 180 days (my PD is June 05) and once 180 days are over, you can use the luxury of AC21 and could be working for any employer at that time.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
I say go ahead and file for 485 and at the same time tell your employer to initiate LC process. They can use LC for some other candidate if you end up not using it.
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franklin
05-04 10:52 AM
Nice job - thanks for helping to educate the people who don't know.
Every time we visit people we get the same empathy and encouragement, but they are well aware of the issues.
Its good to hear that we aren't all preaching to the choir!
Every time we visit people we get the same empathy and encouragement, but they are well aware of the issues.
Its good to hear that we aren't all preaching to the choir!
more...
immigration_confused
08-02 11:09 PM
Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.
He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.
gcsucks
05-02 06:10 AM
I have a PR Card in canada since June'04. I have been here in the US for 8 years now. But because of retrogression stuff im not able to file I485.
Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)
Please help
Is anyone in a similiar situation or does anyone know how i can retain my PR card or will i lose it if i dont go back to canada in the next 1 year( as per rule of staying in canada for 2 years in every 5 years)
Please help
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ssksubash
08-14 10:12 AM
HI,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
I received a 500$ check for apartment referral , I am planning to give the entire amount to the person who took the apartment. I was wondering if during the tax return filing I should be reporting this as an income and if yes should I be deducting the tax amount from the 500$ as I will be paying taxes on it.
Any information is appreciated.
Thanks,
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MaWizard
09-13 11:14 AM
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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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newbie2020
03-27 11:27 AM
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amitkhare77
03-03 08:53 PM
wow - you look really scared. I dont see anything wrong sending them an email. as long as you write correct passport number, VFS receipt number, you should be good. you not doing any crime by asking. they wont care if it is written in english or local language just because your mom can't speak english.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
again - I see nothing wrong calling them/sending an email. after all it's your monthr's passport. as per rule they should get back to you in specified time.
The above is my personal opinion, make your own judgement.
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herns
03-20 12:36 PM
Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.
I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.
Do it yourself and save money!
Disclaimer: Iam not a lawyer and THis is not a legal advice.
I never hired a lawyer when I applied for my wifes H4 about 4 years ago. In my experienced, I gathered all that are needed documents, send it to my wife for her consulate interview. A lawyer wont help at all in getting your wifes H4 visa, except for the list of documents that he know your wife might need. The consular office had some list documents your wife will need. So dont worry if the first time your wife tried and get denied.
Do it yourself and save money!
Disclaimer: Iam not a lawyer and THis is not a legal advice.
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SageDad
03-16 06:50 AM
Hi to all,
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:
International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)
I met with a potential client who is an illegal immigrant living in the US. She has a child who is a US citizen. The father was voluntarily deported and the mother gave him permission to take the child back to their home country to visit the grandparents. The father was supposed to make sure the child returned to the US within 3 months. It has been 6 months. If my client files an application under the Hague Convention on the Civil Aspects of International Child Abduction, will the US Government begin deportation proceedings?
She should file the Hague application. Her immigration status should not be an issue. This link can give you more information:
International Family Law: Hague Abduction Convention and Immigration Status (http://www.internationalfamilylawfirm.com/2009/03/hague-abduction-convention-and.html)
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mihird
05-22 07:43 PM
What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?
Can anyone shed some light on it?
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moonrah
07-29 09:31 PM
Again, any help will be appreciated.
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matreen
04-26 12:18 AM
Team,
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
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optimizer
03-22 12:18 PM
Thanks Sac-r-ten for your reply.
If the labor and advt process is really only 6-8 months, then I might get lucky.
If the labor and advt process is really only 6-8 months, then I might get lucky.
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venky321
08-16 12:36 PM
Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)
From Murthy law firm.
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From Murthy law firm.
MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)
ticktoe
07-12 07:11 PM
PROJECT MANAGERS:
-Min 5 years of Functional and Technical experience.
-Exp with Microsoft .Net OR JAVA Technology
-Bachelors or Masters Degree is preffered.
The above ad sent out by my company is very confusing to me. Please some one help me understand the ad.
I have MS + 2.3 yrs of experience. 2.3 yrs is gained as Programmer analyst/software developer
your ideas are helpful
-Min 5 years of Functional and Technical experience.
-Exp with Microsoft .Net OR JAVA Technology
-Bachelors or Masters Degree is preffered.
The above ad sent out by my company is very confusing to me. Please some one help me understand the ad.
I have MS + 2.3 yrs of experience. 2.3 yrs is gained as Programmer analyst/software developer
your ideas are helpful
tjayant
10-17 02:53 PM
My school said I'm not eligible
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