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aachoo
04-20 01:40 PM
I have been working for a private company LLC that operated as 3 smaller LLCs (regionally) but had the same/very similar names (e.g. XYZ, XYZ Asia).
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
I had H1Bs , LC, 140, 485 with this company.
Right now-
I have an approved 797 until 2010, but stamp expired in 2006
PD- Dec 2004
LC approved in 2006
140 approved 2007
485 applied July 2, 2007
Got EAD, AP in Aug 2007
Entered the US on AP in Dec 2007
The company and its regional entities changed the corporate structure and are now under a new legal entity name- XYZ (same as above). This happened after I got my EAD. To an outsider or our clients- there is no change. I have not signed any new employment papers with the new legal entity. Other than the address on my paystubs changing from my local headquarters to the WW headquarters nothing has changed for me.
Questions
Should I avail AC21/EAD because I am technically working for a different company?
Since this new entity has taken on the responsibilities for the old one, should I file something with the USCIS if they happen to check on the old entity when they adjudicate the 485?
Thanks in advance.
-a
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alterego
05-04 11:55 AM
You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.
greensignal
12-28 08:45 PM
Hello Greensignal,
NSC is processing EB-3 based I-140 cases as of 6th April 2007, as per latest processing time release by USCIS. When did you file your I-140 in NSC?
Regards
I filed on August 15th 2007 and Receipt date is Oct'12
NSC is processing EB-3 based I-140 cases as of 6th April 2007, as per latest processing time release by USCIS. When did you file your I-140 in NSC?
Regards
I filed on August 15th 2007 and Receipt date is Oct'12
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mrane1
10-15 05:55 AM
You should get your EAD after FP
Not true... FP depends on your local office... If they are backlogged then your FP is delayed.. So if you are from BA/NY/NJ your FP will be delayed... As far as EAD is concerned you just have to wait... Its very unpredicatible... I got my EAD 1 month AFTER I got my gc! go figure!! My wife received hers last week.. BTW I am a early June filer
Not true... FP depends on your local office... If they are backlogged then your FP is delayed.. So if you are from BA/NY/NJ your FP will be delayed... As far as EAD is concerned you just have to wait... Its very unpredicatible... I got my EAD 1 month AFTER I got my gc! go figure!! My wife received hers last week.. BTW I am a early June filer
more...
meridiani.planum
11-03 01:31 AM
inline..
Hello IVians,
I am with company A on L1B in the US. Company B is processing my GC for future employment. Now my L1B is up for renewal in December. There is a lot of paperwork that my company has asked me work on. In one of the questionnaires, I am asked if my labor / 140 / 485 is pending. I don't know what to answer.
-- The truth.
Does any of the forms for L1B renewal needs this info? Will it be an issue if I say no? Does USCIS really care?
-- if you lie and USCIS finds out then you are in big trouble. Also, existing applications can be looked up at any time (Eg: while adjudicating your 485 they can go over your old L1 application).
Atleast the visa stamping form DS-156 asks if an immigrant visa petition has ever been filed for you, so its not uncommon, dont know about L1.
Pls share your experiences.
Thanks!
Hello IVians,
I am with company A on L1B in the US. Company B is processing my GC for future employment. Now my L1B is up for renewal in December. There is a lot of paperwork that my company has asked me work on. In one of the questionnaires, I am asked if my labor / 140 / 485 is pending. I don't know what to answer.
-- The truth.
Does any of the forms for L1B renewal needs this info? Will it be an issue if I say no? Does USCIS really care?
-- if you lie and USCIS finds out then you are in big trouble. Also, existing applications can be looked up at any time (Eg: while adjudicating your 485 they can go over your old L1 application).
Atleast the visa stamping form DS-156 asks if an immigrant visa petition has ever been filed for you, so its not uncommon, dont know about L1.
Pls share your experiences.
Thanks!
ames
03-06 11:13 PM
I really like your second attempt as well! This one is also a very nice sketch with attention to detail. :)
more...
bhatt
05-22 11:12 AM
Let us say someone has changed employers after 180 days of 485 application and has no plans to invoke AC21(which is optional) .
1)What is the process to switch attorneys(from Attorney A to Attorney B)?
OR alternatively
2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?
I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.
Appreciate as much details as possible from someone who did this.
Sorry, if this info is already in the forum.
1. Fill new G28 and singed by the applicant and the new attorney and send it to USCIS
2. Fiell new G28 form or send a letter to USCIS, saying that the current atttonreny on the file does not represent you any more and to send any future correspodence to the specified address. I think there is a separate P.O addresss you have to send this letter. Check the USCIS site
1)What is the process to switch attorneys(from Attorney A to Attorney B)?
OR alternatively
2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?
I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.
Appreciate as much details as possible from someone who did this.
Sorry, if this info is already in the forum.
1. Fill new G28 and singed by the applicant and the new attorney and send it to USCIS
2. Fiell new G28 form or send a letter to USCIS, saying that the current atttonreny on the file does not represent you any more and to send any future correspodence to the specified address. I think there is a separate P.O addresss you have to send this letter. Check the USCIS site
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lj_rr
05-21 09:01 PM
Let us say someone has changed employers after 180 days of 485 application and has no plans to invoke AC21(which is optional) .
1)What is the process to switch attorneys(from Attorney A to Attorney B)?
OR alternatively
2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?
I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.
Appreciate as much details as possible from someone who did this.
Sorry, if this info is already in the forum.
1)What is the process to switch attorneys(from Attorney A to Attorney B)?
OR alternatively
2)If we don't want to choose a new attorney, but want all the communictation(such as RFE to come to you), What is the process ?
I read somewhere that you can do this by filing a new G-28, but not sure of the step by step process and the documentation needed.
Appreciate as much details as possible from someone who did this.
Sorry, if this info is already in the forum.
more...
va_dude
02-04 01:07 PM
It's not clear what you really mean.
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
You say your employer has agreed to file your AOS papers but has not agreed to proceed with the processing. Isn't that one and the same?
Besides you should ask for exactly what the risk is.
Maybe hiring your own immigration attorney or a consult is the best to get your facts straight.
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Neocrack
05-08 07:40 AM
I used AP twice. Both times I gave only one of the AP sheets, which they stamped and returned back.
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fromnaija
06-15 11:30 AM
And your source is???
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blacktongue
10-07 02:38 PM
How will removing country limits help China, India and ROW.
Has someone done any calculations on visa date movement.
We should have some comparison on this because some of us from China against. I seen many ROW against.
Does it help only Indians or everyone by how much?
I see these calculations bringing Indians, Chinese and ROW together.
Has someone done any calculations on visa date movement.
We should have some comparison on this because some of us from China against. I seen many ROW against.
Does it help only Indians or everyone by how much?
I see these calculations bringing Indians, Chinese and ROW together.
more...
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sanju
01-22 03:51 PM
Did you mean this this link of blogs?
http://immigrationvoice.org/forum/blog.php
Yes, it is a cool Cricket Widget. Thanks for posting this pappu. Will wait for an interesting match to see score on this widget.
.
http://immigrationvoice.org/forum/blog.php
Yes, it is a cool Cricket Widget. Thanks for posting this pappu. Will wait for an interesting match to see score on this widget.
.
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kkn006
08-08 04:13 PM
My 485 case is pending under EB3 category but my employer has already filed for EB2 labor which got approved and now I want to know if I can apply I140 for EB2 to interfile under 'Premium' Category? Are there any restrictions on applying I140 under premium processing?
more...
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krishmunn
03-11 02:23 PM
You will need to apply 140 again but can port your current PD to the new 140. So you will have a EB2 140 with the current (EB3) PD
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sb724
06-26 11:49 PM
Helo all,
Thanks for you advises.
Here is my case details. GC is under retrogression
PD is 09/2005, concurrently filed both I140 and 485, AP and EAD on Dec 2004at California Center , but employer located at NJ. According to attorney as I am working in CA, he has to file at CA. Dependent's 485 is not applied and now she is in US on H4. Never used AP and EAD. Working on H1 with GC sposor employer only.
I140 got approved in Aug 2005. Applied for 7 th year extension for me and dependent. Got approved for three years based on approved I140
Now I want to move to Texas and want to transfer H1 to new employer using AC21. Can I relocate from CA to Texas( In ETA forms Job location is mentioned as Undecided) and can I get 3 years H1 transfer approval through new employer?
New employer will give offer letter as Programmer Analyst with very good salary than current, but he is requesting to work as QA for some time at client place in Texas. Can I work in different job responsibilities at cleint though new employer's offer letter says Programmer Analyst with same job responsibilities mentioned in Labor?
Please advise me
Regards
ak
Thanks for you advises.
Here is my case details. GC is under retrogression
PD is 09/2005, concurrently filed both I140 and 485, AP and EAD on Dec 2004at California Center , but employer located at NJ. According to attorney as I am working in CA, he has to file at CA. Dependent's 485 is not applied and now she is in US on H4. Never used AP and EAD. Working on H1 with GC sposor employer only.
I140 got approved in Aug 2005. Applied for 7 th year extension for me and dependent. Got approved for three years based on approved I140
Now I want to move to Texas and want to transfer H1 to new employer using AC21. Can I relocate from CA to Texas( In ETA forms Job location is mentioned as Undecided) and can I get 3 years H1 transfer approval through new employer?
New employer will give offer letter as Programmer Analyst with very good salary than current, but he is requesting to work as QA for some time at client place in Texas. Can I work in different job responsibilities at cleint though new employer's offer letter says Programmer Analyst with same job responsibilities mentioned in Labor?
Please advise me
Regards
ak
more...
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SparK_BR
07-09 08:38 AM
i think you must upload it to somewhere else and put [IMG] tags around it...
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TomPlate
07-05 02:09 PM
All can file I-485 now. please go through this link.
http://www.murthy.com
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http://www.murthy.com
Finally feel happy
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LostInGCProcess
07-11 11:36 PM
Hi All,
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed.
My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.
Please let me know if anyone of you have done the change of address and share your experience.
Thanks!!!
kisana
06-06 06:53 PM
Please any help
eb3_nepa
07-20 01:36 PM
Could you please pm us the IP address of your machine. It will help us to diagnose the problem and/or let you know the reason. Its possible that your work environment is using NATing. So all machines from within that network will propagate the same external IP address. If you could send us your IP address at work, we will be able to diagnose the problem.
Thanks for your patience.
Hi,
I have sent my IP address via PM both to Administrator2 and Administrator3 but no change yet.
Also can someone grant me access to the Donor forum? I have been a VERY long standing IV member and have contributed several times over the life of IV.
Thanks.
Thanks for your patience.
Hi,
I have sent my IP address via PM both to Administrator2 and Administrator3 but no change yet.
Also can someone grant me access to the Donor forum? I have been a VERY long standing IV member and have contributed several times over the life of IV.
Thanks.
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