nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
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roseball
04-04 11:27 PM
IF labor approves, do labor dept informs employer only or they also inform candidate?
is it up to employer only to inform the candidate?
thanks.
Yes, only employer is informed by the DOL.
is it up to employer only to inform the candidate?
thanks.
Yes, only employer is informed by the DOL.
waitforevergc
02-27 08:39 PM
hello all,
I wanted a clarification regarding address change:
My company changed address recently from address City A to address City B (same county, same metropolitan area). Do you know if I need to do any LCA Amendment?
I had consulted a lawyer regarding this, he said we don't need to do any LCA Amendment since it is the same metropolitan area.
Also I am not getting any clear answers from any other websites.
Wanted to cross check with you all. If anybody know please help.
Thanks.
I wanted a clarification regarding address change:
My company changed address recently from address City A to address City B (same county, same metropolitan area). Do you know if I need to do any LCA Amendment?
I had consulted a lawyer regarding this, he said we don't need to do any LCA Amendment since it is the same metropolitan area.
Also I am not getting any clear answers from any other websites.
Wanted to cross check with you all. If anybody know please help.
Thanks.
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rolrblade
07-31 11:15 AM
If I were you I would just get a new exam done and submit it. Also, you should explain that you DID submit it in the first place and send the sealed envelope again. What do you have to lose if you send 2 medicals? Hanging on to the sealed one you have does not gain anything.
About envelope being huge? Well, no regulation says that you cannot send any envelope greater than 11x17. That would be just plain stupid if they rejected because of envelope size, and I seriously doubt they would do that. Thinking about it, it would be funny to see someone chest xray pop out of an 11x17 envelope :)
About envelope being huge? Well, no regulation says that you cannot send any envelope greater than 11x17. That would be just plain stupid if they rejected because of envelope size, and I seriously doubt they would do that. Thinking about it, it would be funny to see someone chest xray pop out of an 11x17 envelope :)
more...
sunny1000
09-28 09:13 AM
Is it only on Oct 1st or the entire week? My in laws are going for visa interview on October 5th
Just the 10/1/07. See their website.
Just the 10/1/07. See their website.
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jsb
02-25 01:09 PM
I just think SUPPOSE the bill really "granting the green card to someone who have stayed in US continously for 5 years" and if every of this type applicant is charged US$20,000 for immigration entry fee, there will be tremendous amount of money inflow to the economy and can save the economic recession but it is only a dream and will never come true!!!!!!!!!!!!!!!!!!!!!!!!!!
$20,000 fee as an immigration fee from those who have been in the US for 5 years (in addition to taxes, SS, Medicare etc.)? How will this save country from recession? Perhaps it will speed it up? $20K, which you would have spent on goods, will go out of circulation !!
$20,000 fee as an immigration fee from those who have been in the US for 5 years (in addition to taxes, SS, Medicare etc.)? How will this save country from recession? Perhaps it will speed it up? $20K, which you would have spent on goods, will go out of circulation !!
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MrWaitingGC
09-12 07:29 PM
She applied in April and she can officaly work from october
2010 A funny lego video.
GC_ki_daud
08-21 01:08 PM
Bump
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panky72
07-14 05:55 PM
Hi
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
Hi Saket
you can file for her I-485 only after she is done with 3 yr J-1 waiver requirement. As far as your second question I don't know the answer.
Good luck.
I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
My queries are as follows:
1. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
2. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
I will really appreciate if somebody can provide some insight regarding the same.
regards
Saket Kapur
Hi Saket
you can file for her I-485 only after she is done with 3 yr J-1 waiver requirement. As far as your second question I don't know the answer.
Good luck.
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suratvoice
01-28 03:02 PM
I have a original copy whereas the lawyer has the approved I140.
Should I ask for the original or is that copy good enough?
Should I ask for the original or is that copy good enough?
more...
chintainfogc
03-05 02:51 PM
Dear Lawyer / Member,
My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
Question is: Can she able to enter US without EAD?
My Wife status:
Current Status : AOS (H4 - expired) - Filed I-485
Advance Parole: Valid till 11/11/2010
EAD: Valid till 10/11/2010 (Lost):mad:
Appreciate your response.
Thanks
chingainfogc
My wife lost her EAD while traveling (in India) outside of this country, she has Advance Parole document with her.
Question is: Can she able to enter US without EAD?
My Wife status:
Current Status : AOS (H4 - expired) - Filed I-485
Advance Parole: Valid till 11/11/2010
EAD: Valid till 10/11/2010 (Lost):mad:
Appreciate your response.
Thanks
chingainfogc
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Pallavi79
06-11 03:27 AM
Some where I read that, it is common to get marriage certificate RFE, If you were married less than 2 years ago.
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pranavgandhi
04-23 08:07 PM
How employee can retain PD in case of I140 is approved and employee change jobs?
Would like to know more on procedure also.
Is there any impact if Employer revokes I140 after employee leaves company?
Would like to know more on procedure also.
Is there any impact if Employer revokes I140 after employee leaves company?
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zoooom
10-30 12:55 PM
Thanks!
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Blog Feeds
06-17 08:40 PM
In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (�USCIS�) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
The Court has invalidated USCIS� bar against concurrent filings as an unreasonable
interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS� valid filing requirements.
Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.
More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)
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hopelessGC
04-15 12:11 PM
Got mine in November 2008. No issues at all.
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sanjay
07-06 04:34 PM
Can't you guy's think twice before opening a thread. In last 30 minutes I see three threads on same subject. Copy and paste from OH site.
Give us some break. Just try to browse current threads and then post something new if you had.
Give us some break. Just try to browse current threads and then post something new if you had.
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seeking_GC
07-15 01:06 PM
Is no one in similar situation?
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devidasc
02-04 12:10 PM
At lease H1B should qualify for Stimulus amount if not H4
H1B has valid SSN and should qualify for Stimulus amount even if they are filing the taxes as married filing jointly with spouse having H4.
lets hope and try for it.
H1B has valid SSN and should qualify for Stimulus amount even if they are filing the taxes as married filing jointly with spouse having H4.
lets hope and try for it.
braindrain
02-11 03:36 PM
US Congress has time for all this
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
atleast they have something good to talk about India...:)
http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm
atleast they have something good to talk about India...:)
willIWill
05-17 04:57 PM
I would like to take a quick poll to find number of people who have filed their 485 when they were single and got married later.
The idea is to get a rough number or percentage of people stuck in this boat in the IV community. This would help to start a proposal for a small fix (either admin or legislative) to be passed on to be included as an item in IV's agenda. Believe there are many families stuck in the EB2 of retrogressed countries and many more in all of Eb3 categories who can benefit from a such an initiative.
Here are the options in the Poll:
1. Married; I-485 Filed for everyone in the family at the same time.
2. Married; I-485 filed separately for spouse/ dependent at a later date.
3. Married; yet to file I-485 for spouse/ dependent.
4. Single; yet to get married but filed for 485.
The idea is to get a rough number or percentage of people stuck in this boat in the IV community. This would help to start a proposal for a small fix (either admin or legislative) to be passed on to be included as an item in IV's agenda. Believe there are many families stuck in the EB2 of retrogressed countries and many more in all of Eb3 categories who can benefit from a such an initiative.
Here are the options in the Poll:
1. Married; I-485 Filed for everyone in the family at the same time.
2. Married; I-485 filed separately for spouse/ dependent at a later date.
3. Married; yet to file I-485 for spouse/ dependent.
4. Single; yet to get married but filed for 485.
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