Ram_C
11-02 05:49 PM
Here's a sticky question - and appreciate "expert" advise on the matter:
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
My situation:
1. I currently work on a H1B for Company A
2. My future greencard has been filed by Company B - recd. EAD, applied 485
My question:
1. Can I work on my EAD either for company A or any other company?
Yes, you can work for any company, but with similar job description mentioned in your LC
2. What happens if I dont join Company B ever?
well this is a broad subject, I'll try to put it this way.
when you applied for AOS which I suppose is employment based, your intent is to work with the sponsoring employer on a "permanent position" (at least 6 months after the GC approval) and your sponsoring employers intent is to employee you on permanent position (again atleast 6 months after GC approval), so by never joining your sponsoring employer you are violating/contradicting the primary intent of Employment based AOS application which can lead to revoking of your GC in future or it might cause problems during your naturalization
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Prashanthi
09-08 01:53 PM
thanks for your reply.what do you mean by consular processing?
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
Consular processing is requesting that the H-1 be approved and you will go to the consulate in your home country to pick up the visa and come back on a new H-1, in this situation, you are not requesting for a change of status when you file for a H-1. Your attorney will know how to file a consular processing case.
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
Consular processing is requesting that the H-1 be approved and you will go to the consulate in your home country to pick up the visa and come back on a new H-1, in this situation, you are not requesting for a change of status when you file for a H-1. Your attorney will know how to file a consular processing case.
stuckinindia
10-22 03:13 PM
Hello,
I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
:mad:
Any advise? Can I contact someone to help expedite this process?
I am stuck in India (along with my husband who) after leaving USA where I am living for over 5 years. I just came for 2 wks here in India to get stamping done at the Chennai Consulate. They kept my passport and said they will give visa, in next 3-4wks..Its past a month and 3 wks.. I am force to live with relatives. I can't even go to my home country without my passport. Everything I own is back in USA. How do I get back to it? I am on H4 and my husband is H1B. I am holding another country's nationality. I can't even visit my home country without my passport. Why did the Consulate kept the passports for this long? :confused:Why are we being treated this way?? Why didn't they do a security check where I was living for over 5 years? I am so frustrated being stuck and worry about my home left unattended back in the US.
:mad:
Any advise? Can I contact someone to help expedite this process?
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waitin_toolong
10-03 11:40 AM
as soon as you get it.
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vidyakulkarni
06-08 11:37 AM
Mr. Butterfield's Opus: Advocacy Days....and a little sightseeing (http://mrbutterfieldsopus.blogspot.com/2010/06/advocacy-daysand-little-sightseeing.html)
Scythe
10-31 06:42 PM
... really? :trout:
I'm sure you can, but I haven't met you now, have I?
I'm sure you can, but I haven't met you now, have I?
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seekinggc
06-19 02:35 PM
Please reply...I would really appreciate your response guys...
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uppaji
04-05 04:17 PM
And provided their offices information about retrogression and IV. They aeemed to be very familiar with this issue.
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dealsnet
02-13 01:11 PM
Tourist visa is for tourism purpose only. You want advice to misuse the visa ?. 10 year multiple entry visa can be used number of times. But she stays more (like 6 month max) for each visit, after 2 such visit, within a small gap say 2-6 months, there is a chancce to blacklist her and may be allow for 1-2 months I-94, or deny her entry. They are smart to see the intension of people. They look for the pattern of visit.
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ciab
09-05 10:57 PM
i could use a flash footer.
couldnt be bothered doing it myself.....
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morchu
05-15 01:44 AM
Answers:
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
1. Yes.
2. Yes.
3. No issues. You have approved I140, and using this you can get 3 year extension. But be careful to be discreet about the job change, because by any chance if your current employer revokes the I140, before your extension approval, you will be in trouble. (Because the basis for approval of beyond 7nth year extension is your approved I-140.)
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
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saro28
01-12 09:59 PM
I would suggest you to switch to EAD. There is no reason for you stick to H1-B anymore.
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deeru
04-02 12:55 PM
bump.....
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NolaIndian32
02-15 07:21 PM
If the labor cert has been filed, approved and the I-140 has been filed, I think you can file for an extension of the H1-b. I was advised the same by my attorney, but by the time we filed for the extention, my I-140 was also approved (rather quickly).
You should contact your immigration attorney right away.
You should contact your immigration attorney right away.
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fromnaija
09-01 04:52 PM
1) can my spouses h1b get 7th year extension based on this?
no
2) if not, can my spouse move to h4?
yes
no
2) if not, can my spouse move to h4?
yes
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mjdup
02-26 08:14 PM
As MerciesOfInjustices said - thanks to the core team ! you guys are the best, I wish participants in future will refrain from using cell phones, if possible. Looks like it causes lot of static - either way the mute and un-mute option should resolve this.
Topics covered and time management was absolutely great ! Hardwork pays off.
Topics covered and time management was absolutely great ! Hardwork pays off.
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rsdang
08-22 11:44 AM
There is a pilot in progress where a combined document has been issued which serves both as EAD and AP and the validity is 2 years... So I would say its a matter of time if the pilot is successful.
There are some conditions that need to be met.
There are some conditions that need to be met.
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I_need_GC
10-27 01:25 PM
We had filed AC21 for one our consultants it was $1000 atty fee, no filing fee
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jsb
01-09 03:40 PM
Thanks jsb..In that case, I am changing jobs even without working for my GC sponsorer. I heard that it could potentially lead to fraud case.are you sure we can do this or do u know somebody who has done this.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
thx
AC21 guidance issued in the following link should clarify some of your concerns.
http://www.ilw.com/immigdaily/news/2005,0520-ac21.pdf
GC sponsorship is always for a future job. Until your GC approval, if you are working for the sponsoring employer, you are there as a guest worker (on H1B, L1 etc.). It will be fraud if it is established that sponsoring employer did not really intend to employ you, and you did not really intend to work for them as a permanent employee, upon getting your GC.
sinemkeceli
01-26 08:39 PM
can you please let me know what is the meaning of oas ? and do you suggest me to do in order to continue my process in the legal way.
thank you so much
thank you so much
WaitingUnlimited
01-18 02:17 PM
I have copy of approved 140. But second green card processing from my new employer needs to be filed again.
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