kewlchap
03-16 10:13 PM
Folks,
If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?
My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).
Questions:
1. Can I study on EAD/parolee status?
2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
4. Should I try to maintain my H1 status during school (by working part time etc.)?
5. Does my future employer need to file an I140?
6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.
Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.
Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.
Thanks,
-k
---------------
EB2, India, PD May 2004, Primary filer.
If an employer withdraws an approved I-140, is it enough to show a future offer of employment letter to keep your 485 alive?
My particular case: I have an approved I-140, with pending 485 (EAD/AP approved) (6 months have elapsed). I want to quit my job and go back to school this August, but want to keep 485 alive (primarily because my 6 years on H1 are up). I can easily get a letter from an employer saying that they will employ me once my GC is approved (and I can join them when GC comes through). However, my current employer says that they will withdraw 140 (routine procedure).
Questions:
1. Can I study on EAD/parolee status?
2. Do I need to inform USCIS of invoking AC21 since my employer will withdraw my 140?
3. Can I claim that I am waiting for my GC to be approved to join my future employer, and in the mean time, I am studying full time to improve my skills?
4. Should I try to maintain my H1 status during school (by working part time etc.)?
5. Does my future employer need to file an I140?
6. What should I ask my current employer to provide? Eg: copy of 140, Employment verification letter etc.
Please provide your insights. There might have been previous discussions on this topic. If so, please point me to them and my apologies in advance for re-posting.
Will appreciate any suggestions / comments. I am stuck with the dilemma of continuing to work or going back to school.
Thanks,
-k
---------------
EB2, India, PD May 2004, Primary filer.
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perm_res_app
07-27 08:48 PM
Hi folks,
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
Any suggestions are most welcome. Thanks in advance.
I am on H1B visa currently, set to expire in two months from now (end of September). I need to get my H1B renewed for the next 3 yrs. Due to unavoidable reasons my lawyer has not been able to file for the renewal yet.
My questions are -
1. Do I need to have the approval notice before my expiration date?
2. I plan to travel internationally in November. Would the receipt notice be acceptable to reenter? Or do I need the approval notice?
Any suggestions are most welcome. Thanks in advance.
goel_ar
12-14 03:47 PM
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amulchandra
03-26 02:49 PM
Someone posted their experience on murthy.com H1B visastamp forum with topic hyderabad consulate. He got his visa it seems.
Hope this helps
Amul
Hope this helps
Amul
more...
karthik204
03-30 03:46 PM
http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf
zuhail
07-23 09:00 AM
You can take time off -- like 4 weeks without any issue (I have done this), as long as the new company has filed to transfer your H1B petition.
I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
Sri.
I guess you should avoid going out of status -- where the old company has revoked your H1B when the new company hasn't even filed the H1B transfer petition. Other than this, taking time off between jobs should not be any problem at all, provided you stay within the country and, no travel outside the US. But if you do, you should consult your lawyer about its implications. Good luck with your new endeavors.
Sri.
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riva2005
03-25 06:00 PM
Go to this URL on USCIS :
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
and search for a currently pending or approved case. It gives an error. Or is it just me? Can someone check and verify?
https://egov.uscis.gov/cris/caseStatusSearchDisplay.do
and search for a currently pending or approved case. It gives an error. Or is it just me? Can someone check and verify?
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greendream
08-11 05:20 PM
Got an RFE to produce employment verification letter from my current employer. Yes, i changed the employer recently but didn't file AC-21.
Do you know how long USCIS takes to update the status online?
Thanks.
G.
Do you know how long USCIS takes to update the status online?
Thanks.
G.
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vinzak
01-19 11:49 AM
You may want to post this in the "Ask a Lawyer for Free" section of this forum.
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guyfromsg
07-23 10:57 PM
Plzz suggest me
1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
2.I got the new I-94 card
3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)
Thanks In Advance
Siva
I don't think you can send the latest I-94. The out of status is counted after the last entry before filing for 485. Once 485 is filed it cannot be reset. My 2 cents.
1.I applied for I-485 in May 07 and got I-485 reciept in June 07 , and returned to US in july 07 after a short travel outside US.
2.I got the new I-94 card
3.The purpose of my trip outside US to erase my previous out of status history for more than 180 days.
4.My question:How to send my latest I-94 copy to USCIS ? Do i need to attach any form along with latest I-94?
5.Will it really erase my previous out of status history , by considering the fact the I am always in legal status after my re-entry in US and USCIS having my latest I-94(once I send the latest I-94)
Thanks In Advance
Siva
I don't think you can send the latest I-94. The out of status is counted after the last entry before filing for 485. Once 485 is filed it cannot be reset. My 2 cents.
more...
kirupa
11-10 12:16 AM
Sure - you can definitely do that :) I just want to make sure your entries are properly accounted for then in the Entries list haha. Both this and the kirupa.com logo one would need to be expanded in the list, so I will do that shortly after I wake up from a food coma.
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alftorino
05-03 04:22 AM
Thanks for the reply. Are you liberty to disclose your attorney's name ?
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GCPagla
02-20 01:10 PM
I am already working on EAD. I have got an employment offer from a big fortune 500 firm as a lead technical analyst. The offer is too good to miss. I am trying to understand in my job will be "same or similar" while my job responsibility was "programmer analyst" in labor certificate and i would get a job as lead architect. Following are some more details about may labor doc.
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
Morever my new employer will not provide me a Ac21 portability matching my labor cert.
My role responsibility is following as per labor cert.
Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
Reponsibility:
develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.
Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?
Thankis in advance.
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spamarti
01-21 07:56 PM
....
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achu
01-17 11:56 PM
Can wife stay in India for more than 6 months while 485 is pending?
What she have now is an approved AP till 2009 december.
thanks
achu.
What she have now is an approved AP till 2009 december.
thanks
achu.
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ivar
03-02 04:51 PM
Dear Friends,
I am in my 5th year H1b, my past efforts for GC have messed up. Now i am waiting for PERM withdrawal since Jan 09 to file a NEW PERM. Even if i am able to file a new PERM application by this month or next, what are the chances of getting it approved looking at the current scenario of economy and job market? :confused:
Thanks,
R.
I am in my 5th year H1b, my past efforts for GC have messed up. Now i am waiting for PERM withdrawal since Jan 09 to file a NEW PERM. Even if i am able to file a new PERM application by this month or next, what are the chances of getting it approved looking at the current scenario of economy and job market? :confused:
Thanks,
R.
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greenhorn
06-10 04:08 PM
Folks,
Forgive me if this sounds rudimentary. It's only recently that i've become aware of the nuances of the whole GC process along with the mind-boggling delays.
Here are my qstns:
Is it ok to have 2 concurrent LCs filed from different employers only one of whom i am employed with, (the idea is that the first one that get's approved will be used for the 140 and/or 485 and the other withdrawn)?
Does it constitute a conflict of interest?
Or is the conflict only in the I-485 stage?
Does it cause any complications with LC or I-140?
Have any of you had to do this?
Thanks
Forgive me if this sounds rudimentary. It's only recently that i've become aware of the nuances of the whole GC process along with the mind-boggling delays.
Here are my qstns:
Is it ok to have 2 concurrent LCs filed from different employers only one of whom i am employed with, (the idea is that the first one that get's approved will be used for the 140 and/or 485 and the other withdrawn)?
Does it constitute a conflict of interest?
Or is the conflict only in the I-485 stage?
Does it cause any complications with LC or I-140?
Have any of you had to do this?
Thanks
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vemulap1
09-30 04:57 PM
I applied for my first labor in 2004 Feb, due to backlog center processing and I140 RFE so I applied for second labor from same employer in 2006 Sept.
Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
Later after six months my first I140 was cleared.
My question to IV Guru's, Is there any process to interfile older priority date to the second
labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.
Any suggestions are appreciated.
Second labor and I140 cleared with out any problem, mean while during in 2007 July I applied I485 based on my second labor.
Later after six months my first I140 was cleared.
My question to IV Guru's, Is there any process to interfile older priority date to the second
labor. I mean is there any process to restore priority date of first labor to second one. As my I485 application is based on second labor.
Any suggestions are appreciated.
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imanonymous
07-19 12:08 PM
thanks for the quick response,
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
Th I-140 is not revoked yet, but the original company that filed it is going to split in to 2 separate companies by the end of the year and I think I-140 will become invalid after that right if the original company doesnt exist anymore??
pansworld
11-28 03:58 PM
Raise your hands!!!!
friend_in_NC
06-25 06:50 AM
My attorney has asked to send color copies of the driver's license for 485 filing. I just now realized that I have not changed my address on the license. Will that be a problem? Is it critical to have current address on the license? Any thoughts?
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