kondur_007
08-11 08:58 PM
Yes, it is possible to process your GC through company B while you are working for company A.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
1. You should have "good faith intention" to work for company B permanently once your GC is approved.
2 Company B should have good faith intention to hire you permanently once GC is approved
3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).
Also see my post in the following thread regarding changing employers after GC:
http://immigrationvoice.org/forum/showthread.php?t=20515
Good Luck.
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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
a_yaja
03-09 07:40 PM
Anyone who has succefully self filed for an Advanced Parole who can help me on this question?
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
What is the answer you put to answer the question:
"On a seperate sheet of papaer, please explain how you qualify for an advance parole and what circumstansces warrant issuance of advance parole. include copies of any documents you wish considered. "
Thank you.
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
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feedfront
09-17 09:55 AM
I have not seen this situation with anybody else on forum. Talk to good attorney, they should help you out.
RFE is time sensitive. So act fast.
Good Luck!
RFE is time sensitive. So act fast.
Good Luck!
more...
kaisersose
07-17 01:28 PM
Not to pressure you or anything, it would be great if you can post what you know....you may not be 100% certain....that is fine.
sriswam
12-05 03:51 PM
I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
Funny thing is that we got the approval notice today! No receipt notice though.
Funny thing is that we got the approval notice today! No receipt notice though.
more...
Kapils573
09-02 12:28 PM
What is the phone number to contact the customer representative?
Pls guide.
Kapil
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
Pls guide.
Kapil
They will go to ur michigan address i guess.
Online u can change the address for each receipt number of ead ,485 and ap using ar-11 form online link. or u can also call custom rep also to make sure it is reflected.FP notice they will send a copy to ur lawyer .So ask him to let you know once he gets it. sending ar-11 form itself does not change the address against the recipt numbers.
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awi_ok
02-19 09:10 AM
Dear experts,
Please comment and/or suggest.
Thanks,
T.
Please comment and/or suggest.
Thanks,
T.
more...
gcformeornot
01-11 10:24 PM
India. He said EB2 which can apply to any country. And at the rate its being used I see EB2 follows fate of EB3.
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cagedcactus
06-26 06:46 AM
I am sure the idea is nice, but have you seen the immigration support polls among American citizens?
with struggling economy and jobs, less and less Americans are supporting any kind of immigration. Legal, or Illegal, they dont care. No one, I mean no one will support us in a way that can be heard by media and the people in high seats. This is our battle and we must fight it alone. Others will help only if we show green, or some kind of benefit of their own.
with struggling economy and jobs, less and less Americans are supporting any kind of immigration. Legal, or Illegal, they dont care. No one, I mean no one will support us in a way that can be heard by media and the people in high seats. This is our battle and we must fight it alone. Others will help only if we show green, or some kind of benefit of their own.
more...
VivekAhuja
06-16 07:29 PM
No one can guarantee you what you will be asked for. Take everything that you normally need. Legally company MUST give you pay stubs in some form (electronic or paper) if they have paid you. What is the reason for not generating pay stubs if you have worked there after I-797 approval notice or even just after filing? Visa stamp on passport is not required.
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msyedy
01-04 09:56 AM
Let us build a force to push this bill with the help of IV.
We shall over come
We shall over come
more...
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maalelsi
10-14 09:54 AM
It is direct deposit / stub, but company name does not show anywhere and I spoke with employees that have been there over a year and they say that is also how the W2 is printed. Company name does not show.
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aranya
05-17 01:00 PM
Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
more...
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eb3retro
09-26 11:25 AM
Guys I am posting this under General Information knowing that this is definitely not an immigration related question. So, please control your urge for giving negative reps. I have booked a wheelchair for my mom who cannot walk properly in Frankfurt airport during her transit of flights. Do they generally take them till the next flight gate? Also, there is only one hour time gap between these 2 flights? Will this be sufficient for them to take her to the next flight gate. Has anyone used this service for your parents and what are their experiences?
Thanks in advance.
btw, the airlines that she is travelling is lufthansa.
Thanks in advance.
btw, the airlines that she is travelling is lufthansa.
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andyny73
12-08 08:37 PM
Hi,
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
I am going to get married next week.
I am a H-1b visa holder and I have applied for green card. I am waiting to get approval of I-140.
I want to file the H-4 visa for my wife and I have couple questions :
1) How difficult is to apply for H-4 ? Do I need a lawyer for that ?
2) How will my new status effect my green card application ? Do I need to apply again for I-140 ?
Thank you for your help.
Andrea
more...
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gman
08-19 07:19 AM
Is tourist visa same as business visa for Canada? Live in the US, i-485 pending with Valid EAD and have valid tourist visa. I need to visit one of my company's client for a few days. DO i need a separate visa or should tourist visa do? What do i say at the border crossing?
Sorry if this is not the right forum.
Thanks!
Sorry if this is not the right forum.
Thanks!
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Ann Ruben
10-22 12:26 PM
Kuyt,
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
As a general rule, the person or entity petitioning for (sponsoring) a person (beneficiary) for lawful US immigration status must be a legal resident, asylee, refugee or citizen of the US up to and including the point in time that the beneficiary is granted lawful status. There are possible exceptions to this rule. To provide advice regarding your situation more information is necessary:
What is the sponsor's current US immigration status? What is the nature of the potential criminal conviction? Is the person being sponsored the principal beneficiary of an immigrant petition or is s/he a derivative beneficiary because the "sponsor" is actually the principal beneficiary? Is the immigrant petition employment based? Family based?
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mwin
08-30 10:00 AM
Your wife will have to wait till your PD becomes current. Then only she is eligible to apply for green card.
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
Hi,
I applied I-485,EAD,Advance Parole on July 20,2007 but i have not yet received any receipt number as of now.
During that time I could not able to apply for my wife. She will be coming to USA on H4 visa in the mid of October.
what are the possibilities to include her in my greencard process?
Please educate me on this situation to take care of my wife's greencard process with my GC process and also please share your experiances if some one has similar kind of situation.
My Case Details
Labour Filed (Perm)--------------------------> Jan-2006
Labour Approved -----------------------------> April-2006
I-140 Filed -----------------------------------> Aug-2006
I-140 Approved --------------------------------> November 2006
I-485 applied only for myself --------------> July 20,2007
First entry into USA------------------------>January 2000
H1 valid till ------------------------------>January 2010(with 3 years extension from 2007 to 2010)
Thanks
-Kishore
PD_Dec2002
08-27 03:10 PM
I (and my spouse as dependent) applied for I-485, AP, and EAD on July 17, 07 and am yet to get the receipt notice. My (and my spouse's) H-1 expires on 12/31/07 and I plan to travel out of the US between November 8 and December 24.
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
All your answers in the "Travel out of country and re-entry during/after 485 filing" forum: http://immigrationvoice.org/forum/forumdisplay.php?f=76
Thanks,
Jayant
In case, the I-485 receipt notice does not come before we leave, would we be considered as having abandoned the PR application? Any idea how long it might take for the receipt notice to come for people in my shoes?
All your answers in the "Travel out of country and re-entry during/after 485 filing" forum: http://immigrationvoice.org/forum/forumdisplay.php?f=76
Thanks,
Jayant
desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
