Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > 140 stage > Priority dates transfers and Post 140-approval options
Click to log in with Facebook
Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

Reply
 
Thread Tools Display Modes
  #1  
Old 04-21-2009, 12:44 PM
brick2006 brick2006 is offline
Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 32
brick2006 is infamous around these parts
Default total kela...in life..

I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

My spouse is on H1..can i switch over H4..

> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

so here is my dilemma:

a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

b.) Can i file for H4 on my own..is it complicated?

c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current


thank you!
Bookmark and Share Compare Reply With Quote


  #2  
Old 04-21-2009, 01:00 PM
raysaikat raysaikat is offline
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by brick2006 View Post
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

My spouse is on H1..can i switch over H4..

> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

so here is my dilemma:

a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
Yes. You might need to file a new H1-B petition though (I am not positive on that).

Quote:
Originally Posted by brick2006 View Post
b.) Can i file for H4 on my own..is it complicated?

c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
Yes.
Quote:
Originally Posted by brick2006 View Post

.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
Yes. You do need to file an application to change it into CP.
Quote:
Originally Posted by brick2006 View Post


thank you!
Note however that you need to have a job offer to get the GC.
__________________
I am not a lawyer. Use at your own risk any information given by me.
Bookmark and Share Compare Reply With Quote


  #3  
Old 04-21-2009, 01:21 PM
vikki76 vikki76 is offline
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: May 2006
Posts: 260
vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of
Default

Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Bookmark and Share Compare Reply With Quote


0 out of 2 members found this post helpful.
  #4  
Old 04-21-2009, 02:17 PM
raysaikat raysaikat is offline
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by vikki76 View Post
... it is essential that one be in H1-B status.
This is patently wrong. There are many people who are on EAD at the time of I-485 adjudication.

The only legal requirement is that the person has a valid offer from the I-140 sponsoring company (or some other one, if AC21 is used) for a same or similar job (similar to what was mentioned in the LC). In practice, the petitioner should have the job at the time of adjudication.
__________________
I am not a lawyer. Use at your own risk any information given by me.
Bookmark and Share Compare Reply With Quote


  #5  
Old 04-21-2009, 02:35 PM
morchu morchu is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 356
morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
Default

See my answers below:

a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.

b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.

c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.

You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.

-Morchu

Quote:
Originally Posted by brick2006 View Post
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->

b.) Can i file for H4 on my own..is it complicated?

c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current


thank you!
Bookmark and Share Compare Reply With Quote


  #6  
Old 04-21-2009, 02:40 PM
morchu morchu is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 356
morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
Default

Wrong.
H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.

So "brick2006", theoreticaly can file for AOS, even when he is in H4.

-Morchu

Quote:
Originally Posted by vikki76 View Post
....To file AOS once PD is current, it is essential that one be in H1-B status.
Bookmark and Share Compare Reply With Quote


  #7  
Old 04-21-2009, 02:45 PM
hopelessGC hopelessGC is offline
Senior Member
Priority Date
:
Oct-03
Category
:
EB3
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jul 2007
Posts: 113
hopelessGC is just really nice hopelessGC is just really nice hopelessGC is just really nice hopelessGC is just really nice
Thumbs down let us refrain from giving wrong advice...

Quote:
Originally Posted by vikki76 View Post
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
__________________
------------------------
hopelessGC

I am not an attorney. Any opinions I express here are solely based on my personal knowledge, experience, and common sense. They should not be taken as legal advice.
-------------------------
Bookmark and Share Compare Reply With Quote


1 out of 2 members found this post helpful.
  #8  
Old 04-21-2009, 03:21 PM
ashkam ashkam is offline
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by vikki76 View Post
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
There's no such strings attached. You can convert from H4 to H1B whenever you want without the quota applying to you, as long as you
1.> Haven't spent a year outside the US, or
2.> Have your I-140 approved, in which case (1) won't apply.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #9  
Old 04-21-2009, 03:44 PM
joydiptac joydiptac is offline
Senior Member
Priority Date
:
Jul-02
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jan 2006
Posts: 165
joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute
Default Relax buddy

Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

Here are my answers:
Quote:
Originally Posted by brick2006 View Post
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010

My spouse is on H1..can i switch over H4..
Yes but why?
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..

so here is my dilemma:

a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
No. H1 has to be refiled.
b.) Can i file for H4 on my own..is it complicated?
Yes and Not complicated (I haven't done this but I have seen the application).

c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
NO. Your GC is based on your employer. If you are on H4 => you are not on H1 => you are not working for the company. Therfore cannot use (AOS, is my understanding) and the same 140 to file I485. However if you start a new GC process then you should be able to breeze thru the system i.e. labor, 140 etc. That time you need to get the priority date of your previous labor since your 140 is approved - a lawyer will tell you how.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
I don't know this one clearly. This may be possible if the company for which your 140 was applied says that they still have the position open for you.

thank you!
BTW are you from IT BHU?

Last edited by joydiptac; 04-21-2009 at 03:49 PM.
Bookmark and Share Compare Reply With Quote


  #10  
Old 04-21-2009, 04:44 PM
brick2006 brick2006 is offline
Member
Priority Date
:
Dec-05
Category
:
EB2
I140 Mailed Date
:
01/01/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Dec 2006
Posts: 32
brick2006 is infamous around these parts
Default thanks

well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..

Quote:
Originally Posted by joydiptac View Post
Hey don't get too hasty here.
You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

Here are my answers:


BTW are you from IT BHU?
Bookmark and Share Compare Reply With Quote


  #11  
Old 04-21-2009, 06:49 PM
vikki76 vikki76 is offline
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
06/01/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/29/2007
Compare
Join Date: May 2006
Posts: 260
vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of vikki76 has much to be proud of
Default

Quote:
Originally Posted by hopelessGC View Post
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
Bookmark and Share Compare Reply With Quote


  #12  
Old 04-22-2009, 09:51 AM
ashkam ashkam is offline
Senior Member
Priority Date
:
Sep-04
Category
:
EB3
I140 Mailed Date
:
06/20/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/07/2007
Compare
Join Date: Aug 2006
Posts: 419
ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of ashkam has much to be proud of
Default

Quote:
Originally Posted by vikki76 View Post
Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .
You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.
__________________
PD Sep 2004 EB3 RIR
LC approved Jan 2007
I-140 approved June 2007
I-485 delivered to NSC 8 August 2007
Receipted at TSC 2 October 2007
Bookmark and Share Compare Reply With Quote


  #13  
Old 04-22-2009, 08:35 PM
joydiptac joydiptac is offline
Senior Member
Priority Date
:
Jul-02
Category
:
EB3
I140 Mailed Date
:
05/25/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/01/2007
Compare
Join Date: Jan 2006
Posts: 165
joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute joydiptac has a reputation beyond repute
Default Sorry for the late reply

Quote:
Originally Posted by brick2006 View Post
well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

If the company gives a letter of avaliablity of the job..will that be binding?
i.e. should i work for that firm..after getting a GC..
I know 2 cases where the filer was on LOP for more than six months (atleast in one case):
Case 1: The guy went for his MBA
Case 2: A colleague whose GC was being processed in one of my previous companies way back in 2001. He got laid off. was on LOP. But the guy kept attending office and working for free. Then he got really lucky he was absorbed back.

In fact some companies like IBM let you go on sabbatical. Meaning you can do whatever you please for a year then come back. It is legal.

I suggest you get a second opinion from another lawyer before wasting a LOP.
Also your second question I am not 100% sure. Then anything is possible if the company wants to support you. Cause GC can be for a future job offer. I heard of someone who applied for US GC consular processing while working in Singapore on the basis of a open job offer here. He got the GC but never came to US.
Anyhow, all the best. I could not log in earlier because of some weird login errors, otherwise would have answered before.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
LPR process total cost dano All other Green Card Issues 5 04-27-2008 08:53 PM



All times are GMT -4. The time now is 10:26 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org