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  • 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.




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  • immm
    01-14 11:03 AM
    Any suggestions?




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  • alterego
    01-29 12:08 AM
    FP is not needed for EAD or AP.




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  • justin150377
    07-10 01:00 AM
    and take jobs away from the US (Microsoft)...what are canadians thinking??

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  • simikishore
    08-02 11:04 AM
    I am in the same boat. Attorneys, Gurus and Experts...please advice on this.


    Hi Attorneys and Experts,

    My GC finally recently got approved and wanted to know what is the minimum time by law, I can stay with my current employer that will not cause any issues during the application of citizenship later.

    I have following questions:

    � if I don�t work for my current employer for at least six months, What kind of issues comes up when applying for citizenship. What is the law.

    � How do the USCIS knows I worked for the current employer for atleast 6 months. Do we have to show six months paystubs or yearly W2s.


    All I am just trying to get a knowledge of what is the law.




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  • arulz
    10-14 02:59 PM
    I have a question about 131 application form for AP.

    *****************************
    From "Instruction for Form I 131"

    Step 1. Fill Out Form I-131
    1. Type or print legibly in black ink
    If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
    1. Initial Evidence
    3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."
    ***********************************

    Do I have to enter "N/A" on each and every field that is not applicable for me?

    Please advice



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  • kirupa
    08-27 12:20 AM
    Hi Gazman,
    You are right - that part of the tutorial is completely broken, and I need to modify it a bit. I am not 100% of the changes you need to make yet, but I will post an example shortly with the changes :)

    Cheers!
    Kirupa




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  • bobby123
    12-29 12:50 PM
    You have to go through the same process as a New H1B and it stamped in INDIA again and also get in touch with your new employer he should be able to give you the info you need. Their is no new form to be filled in.



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  • marzelan
    01-23 11:51 PM
    I am almost at the same situation.I have been here for since July 2000.Instead of getting married for american citizen I decided to go the long way.I have been changing visas from B2-H2b-F1 and now recently I apply with I140/I485.After having Masters degree in civil engineering from my country I went to school to become a nurse.After 3 years and many school I did finished and I passed the National exam for nurses but just when I was about to file for Schedule A the visa number finished and there was no chance of getting new once.Thank god they open the EB3 in July,or so I was thinking.USCIS did not separated my I140 from I 485 so I had no answer for 5.5 months.Only after I ask senators for help the thigs started moving.Finnaly I got my EAD and I can go back to saving life,which by the way I love.My advice is to marry US citized ASAP.Will save you a lot of trouble and if you love that person even better.;)




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  • pscdk
    09-09 07:50 PM
    USCIS might re-start PP for I-140 once they complete receipting 485 applications and EAD, AP approvals for July and August filers..which may take atleast 3 to 4 more months!!



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  • dextro_a
    01-23 09:34 AM
    I worked with them for almost a year and ran like anything.

    They were paying me meager salary even I had a good rate.
    They started GC when I asked, which was good
    There health insurance sucked
    They reduced my salary at the last moment when I gave notice to my last employer. Agreed to give a raise after 6 monhts, never did. When I asked again after 1 year, they wanted to give me 2K raise which was nothing. This was after end client raised the rate by $5/hr
    Owner/sales guy are amway, they'll ask you to go to there meetings. Somehow, i saved myself :)
    When I left, they canceled my health insurance from a month back even when they have deducted premium from my salary.When I threatened to log a case with DOL then they gave the money (which they deducted) back. Still, I had to pay medical expense for that month (fortunetly it was less then the premium)




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  • jliechty
    February 10th, 2006, 09:56 PM
    Sorry that I wasn't able to help, but I'm glad that you were able to resolve the issue.

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  • Kodi
    06-07 08:55 AM
    My 6th year on H1 ends Dec 2007. My PERM LC is pending and the lawyer is confident I won't run into problems. My question is after 6 years on H1 can I switch to H4 since my husband is on H1? Or if 6 years max given for an H visa?

    Thank you.




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  • mrane1
    10-15 03:36 AM
    hi everyone

    I m an MBA(major:general mba)student in a university in texas. I have an bachelors of engineeing (electrical & electronics)from india. I have found an desi employer who is ready to train me in SAP (FICO)functional and than place me on projects to diffeent companies. Since i m graduating in august 2008 ,At first i have to work for him on OPT and than in apil 2009 my employer will sponcer my h1 visa.

    Now my question is....
    1) can i work in SAP FICO functional , when i m on my opt?(opt means i have to work in a job directly related to my major field of study and i guess SAP is not related to my field major field of study)

    2)will i have problems getting a h1b visa? (since General MBA and SAP are completely different fields )

    Any comments or suggestions will be appreciated.

    thanks
    very simple answers
    1) Yes
    2) No



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  • hellomms
    05-27 01:18 AM
    Does your company have a lawyer?

    I think it might be worth getting one BUT audits are pretty common these days.




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  • strafforddude
    12-14 03:54 PM
    Hi,

    I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.

    Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?

    Is there any way USCIS coming to know that i switched employees in between.

    Thank you !!



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  • chantu
    05-07 09:48 AM
    Perfectly fine. I did the same and no issues. Also for W-2, Tax returns, PP submit photo copies.

    Hello All,

    For the Visitors Visa(for parents), can a photocopy of Pay-check's be sufficient. Since the last few pay-rolls, my employer is giving everybody a photocopy of the Pay-check from Pay-chex Inc.To reduce costs of printing and mailing the Pay-checks, My employer is asking Pay-chex Inc to email the Bi-weekly pay-rolls of everybody.

    Wondering if the US Embassy in India would create an issue by not bringing the original Pay-stubs.

    Thanks!!




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  • webm
    10-05 02:27 PM
    Yes you can apply for EAD(I-765)/AP(I-131) anytime during 485 pending and send the notice/fedex tracking as a proof for it if required.

    HTH,
    RMG




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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.




    Archana_D
    05-05 12:42 PM
    Hi All,

    I would like to know if porting an EB3 Labor & 140 to EB2 with the priority date is possible?
    I am currently on h1b, I am planning to join a new company and I qualify for EB2 category.
    Is it possible to port priority date of my EB3 to EB2?? with my new employer?

    Thanks.




    vamsi_poondla
    02-04 08:41 PM
    You can convert GC process to Consular Processing. AFAIK, that is the most lgal way of working outside the country in your situation.



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