
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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Khan123
01-19 01:23 AM
hello, i was on H-1B and my employment was terminated yesterday with the company, what are my options of staying in USA. Please advise immediately

viva
02-08 10:38 PM
did u already contribute to IV before posting your question? This is not a free organization. Please consider to contribute if your question got answered
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nomadlhr
02-26 05:26 AM
Dear Fellas,
I went for H1b Stamping a couple of months back. I was given a 221 g at that time and later on was asked for company's tax documents. During this time I did not hear any thing from US embassy in islamabad and got the same reply that my case was under administrative processing.
yesterday I received a letter from US embassy saying that my petition was returned to INS. The whole process has been very frustrating and I even left a couple of good offers hoping that H1b will get through anyways I guess its over for me now......
Did any one else face the same situation?? Will it do any good to reapply?
tks
Nomad
I went for H1b Stamping a couple of months back. I was given a 221 g at that time and later on was asked for company's tax documents. During this time I did not hear any thing from US embassy in islamabad and got the same reply that my case was under administrative processing.
yesterday I received a letter from US embassy saying that my petition was returned to INS. The whole process has been very frustrating and I even left a couple of good offers hoping that H1b will get through anyways I guess its over for me now......
Did any one else face the same situation?? Will it do any good to reapply?
tks
Nomad
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vishwak
08-18 08:24 AM
We still in negotiation. not come to a stage where EAD has been asked for. i am wondering what else could they ask for other than EAD like do they need to provide any proof that they will sponsor my green card or do i need to file AC21 in advance.
It all depends on Company. Most of the companies they just see EAD and take you.
If that company has dedicated IMM people and IMM knowledge they might ask you for more information and they just want to make sure they don't need to support you when needed.
You know it all depends and varies form company to company.
It all depends on Company. Most of the companies they just see EAD and take you.
If that company has dedicated IMM people and IMM knowledge they might ask you for more information and they just want to make sure they don't need to support you when needed.
You know it all depends and varies form company to company.

Berkeleybee
04-12 05:04 PM
All,
I just added an "IV In The News" menu item to our left links (see left hand side of home page).
Learning01 and others who are following media closely, please let me know if I have missed anything.
best,
Berkeleybee
I just added an "IV In The News" menu item to our left links (see left hand side of home page).
Learning01 and others who are following media closely, please let me know if I have missed anything.
best,
Berkeleybee
more...

User00
09-18 11:57 AM
NDTV Link (http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM)
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shaikhshehzadali
07-11 11:38 AM
I think those bills will only be related to toughening border security n patrol..
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dilbert_cal
02-09 01:57 AM
"urgent - attorney please reply"
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
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gunabcd
06-22 03:40 PM
I-140 Premium processing upgrade receipt number
Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise
Thanks
I'm in same boat, upgraded to PP on June 1. your new status of I140 will be "We received request for PP". usually they update the online status on friday night. Expect an RFE early next week, they just want more time, so they send some non-sense RFE. RFE resets the 15 day clock.
Dear firends.,
My lawayer upgraded to premium processing for I-140 on June 20th,2007. Will I get a new receipt number or should I keep checking the status for the original I-140 receipt number
Please advise
Thanks
I'm in same boat, upgraded to PP on June 1. your new status of I140 will be "We received request for PP". usually they update the online status on friday night. Expect an RFE early next week, they just want more time, so they send some non-sense RFE. RFE resets the 15 day clock.
more...

little_willy
08-06 09:27 PM
Thanks Ann as always!
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pillagandhi
04-27 11:29 AM
In my fifth year H1B (cap exempt)
applied for cap subject
employer in east coast
Receipt date: 4/11/2011
status :initial review
on 4/25/2011 : checked online
we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
They never sent any notice to lawyer or me about this.
Today is beyond the 15 days for premium processing.
What does this mean? and what am I supposed to do
applied for cap subject
employer in east coast
Receipt date: 4/11/2011
status :initial review
on 4/25/2011 : checked online
we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
They never sent any notice to lawyer or me about this.
Today is beyond the 15 days for premium processing.
What does this mean? and what am I supposed to do
more...
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chakdepatte
08-17 08:31 PM
We still in negotiation. not come to a stage where EAD has been asked for. i am wondering what else could they ask for other than EAD like do they need to provide any proof that they will sponsor my green card or do i need to file AC21 in advance.
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_k_
05-11 02:02 AM
I came in US with my family when I was 15-16, back then we were on L2, then as time passed by we switched to H4. Then I turned 21 so I had to go on Student Visa (F1). Still living in US legally.
Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.
thanks :)
Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.
thanks :)
more...
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kdd
04-01 09:03 PM
:lol: So racist. :lol:
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kothari_rupesh
07-07 04:12 PM
Thanks, since I applied June 12th, and expecting it before August 3rd, looks like it is going to be a problem...!!
I applied on April 7th and got on June 8th.
Send documents to Nebraska Center.
Hope it helps.
I applied on April 7th and got on June 8th.
Send documents to Nebraska Center.
Hope it helps.
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Juan28210
11-14 03:11 PM
What is the minimum requirement for EB2? From what I read, it's BS+5yrs, or MS+1yr.
1. Is there a rule that the experience should have been gained outside of the US?
2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Thanks!
1. Is there a rule that the experience should have been gained outside of the US?
2. Is there a rule that the number of years experience should be from an employer other than the petitioning employer?
Thanks!
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TomTancredo
03-02 04:57 PM
Looks like there is a huge backlog of perm applications. I am not sure if they will look at your application anytime soon. If your application is pending more than a year at least you could apply for extension of H1.
It will be delusional on our part to think that perm applications will have an easy approvals.
It will be delusional on our part to think that perm applications will have an easy approvals.
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kedrex
02-15 08:04 PM
Gurus,
There seem to be a positive and negative news this year for EB2s. On the one hand, USCIS surprisingly allocated all their visas last year and that means that EB2 will not receive the (20k/3) visas that they received last year.
On the other hand because of the bad economy, one would expect that the companies will not be hiring as much EB1s and ROW EB2s as last year plus the DOL is expected to make Labor Certs very strict plus there are postings that software jobs wont make it to EB2.
I would appreciate it if the number crunching gurus can throw any light on how the rest of this fiscal is gonna be like for EB2s.
Thanks in advance.
There seem to be a positive and negative news this year for EB2s. On the one hand, USCIS surprisingly allocated all their visas last year and that means that EB2 will not receive the (20k/3) visas that they received last year.
On the other hand because of the bad economy, one would expect that the companies will not be hiring as much EB1s and ROW EB2s as last year plus the DOL is expected to make Labor Certs very strict plus there are postings that software jobs wont make it to EB2.
I would appreciate it if the number crunching gurus can throw any light on how the rest of this fiscal is gonna be like for EB2s.
Thanks in advance.
raj2007
02-23 02:17 PM
Interesting (?!) situation!
One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?
1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?
2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?
Thanks
He can marry in USA..it is not dependent on any visa.. Just check state residency rules..
Her visitor visa depends on her situation and interview.
What category in family visa?
One of my relative is on F1 visa, he wants to marry someone in India. He has applied family based GC. Can he bring that person in India thru a visitor visa here to USA and get married here ?
1. Is marriage between two non-immigrants valid in USA ? Can this marriage be registered here ?
2. Will his greencard process be in jeopardy if he gets married during the AOS wait time ?
Thanks
He can marry in USA..it is not dependent on any visa.. Just check state residency rules..
Her visitor visa depends on her situation and interview.
What category in family visa?
kumhyd2
09-06 10:31 PM
http://www.nationalpostdoc.org
IV Team: Contact this group to garner the support.
The National Postdoctoral Association is a professional association that provides a unique, national voice for postdoctoral scholars. The NPA was founded in 2003, with an ambitious agenda to enhance the quality of the postdoctoral experience. The NPA incorporated in the District of Columbia in 2005 as a non-profit organization. The IRS has approved the NPA as a charitable, educational organization under 501(c)3 of the Internal Revenue Code. Charitable contributions to the NPA are tax deductible.
Since its founding, the NPA has assumed a leadership role in addressing the many issues confronting the postdoctoral community that are national in scope, requiring action beyond the local level. Key alliances are being forged at all levels, and new standards and policies proposed by NPA are being considered and adopted by federal agencies and research institutions throughout the U.S.
The NPA is supported by its members and charitable contributions from those who support its mission, including the Alfred P. Sloan Foundation and the American Association for the Advancement of Science. To view a list of other NPA supporters, please click here.
IV Team: Contact this group to garner the support.
The National Postdoctoral Association is a professional association that provides a unique, national voice for postdoctoral scholars. The NPA was founded in 2003, with an ambitious agenda to enhance the quality of the postdoctoral experience. The NPA incorporated in the District of Columbia in 2005 as a non-profit organization. The IRS has approved the NPA as a charitable, educational organization under 501(c)3 of the Internal Revenue Code. Charitable contributions to the NPA are tax deductible.
Since its founding, the NPA has assumed a leadership role in addressing the many issues confronting the postdoctoral community that are national in scope, requiring action beyond the local level. Key alliances are being forged at all levels, and new standards and policies proposed by NPA are being considered and adopted by federal agencies and research institutions throughout the U.S.
The NPA is supported by its members and charitable contributions from those who support its mission, including the Alfred P. Sloan Foundation and the American Association for the Advancement of Science. To view a list of other NPA supporters, please click here.














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