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  #1  
Old 03-17-2010, 11:58 AM
Ramkumar Ramkumar is offline
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Default I-140 Approved/I-485 to apply

Hi,

Iím in EB2 and My I-140 was approved September 2008 through Employer A. And I got laid off on November 2009 from EMP A, within 15 days I joined another Employer B. As per policy, employer B is not going to file GC for me. Already I spend 5 years on my H1B. I check with EMP Aís HR dept, they will not revoke my I-140 and H1B. I know AC21 is one of the options to transfer (Portability) my PD to Emp B after apply I-485.

It would be great if I get answer the below my Question:

1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
2. What are the documents needed from employer A, if I want apply I-485?
3. All my friends telling me, I can apply I-485, Is it true?

Tons of Thanks,
Ramkumar
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  #2  
Old 03-17-2010, 12:50 PM
martinvisalaw martinvisalaw is offline
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Default

Quote:
Originally Posted by Ramkumar View Post
1. If my PD is current, Will I eligible to apply I-485 using Employer A I-140 approved?
No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.

Quote:
2. What are the documents needed from employer A, if I want apply I-485?
See previous answer.

Quote:
3. All my friends telling me, I can apply I-485, Is it true?
See previous answer.
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  #3  
Old 03-17-2010, 02:19 PM
anilsal anilsal is offline
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Default Since you are in 6th year of H1B

it is very important that you seriously consider the options you have at the earliest.

You should try to talk to an immigration attorney at the earliest.

Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.

Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
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  #4  
Old 03-18-2010, 03:34 PM
GC_1000Watt GC_1000Watt is offline
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Default further clarification

Quote:
Originally Posted by martinvisalaw View Post
No, not legally. You cannot base the 485 on a job offer that no longer exists. If there is a chance that Co. A will rehire you in the same position, and they will provide a letter saying that, you could file. However, there really must be an intention to be in that position when the 485 is approved or you are committing fraud.


See previous answer.


See previous answer.
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
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  #5  
Old 03-18-2010, 04:30 PM
martinvisalaw martinvisalaw is offline
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Quote:
Originally Posted by GC_1000Watt View Post
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
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  #6  
Old 04-20-2010, 05:34 PM
Ramkumar Ramkumar is offline
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Default Thank you for all valuable response

Just I want to share I got my H1B approval another 2 years. As per my current company B's policy they only apply two years extention.

Thanks a lot
Ramkumar
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  #7  
Old 04-23-2010, 02:57 PM
chvramana chvramana is offline
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Default I-140 Approved and moved the company

Iím in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.

It would be great if I get answer the below my Question:

1. 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.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.

Thanks for your help.

Ram

Last edited by chvramana; 04-26-2010 at 02:17 PM.
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  #8  
Old 04-26-2010, 12:46 AM
myeb2gc myeb2gc is offline
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Default

Hi ram,

I am exactly in similer situation as you in.

I have the following question:

# When you did your H1 transfer, how many years you got extension?
# What are the documents that you sent to COMPANY B?
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)

Last edited by myeb2gc; 04-26-2010 at 12:53 AM.
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  #9  
Old 04-26-2010, 03:31 PM
gc?? gc?? is offline
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Default

Quote:
Originally Posted by chvramana View Post
Iím in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.

It would be great if I get answer the below my Question:

1. 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.
2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
3. which one is best choice, like staying with employer B or going back to Employer A.

Thanks for your help.

Ram
If your first company is willing to take you back and you will be able to file 485, why do you want to start the process with emp b?
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  #10  
Old 04-27-2010, 11:03 AM
myeb2gc myeb2gc is offline
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Default

Hi Ram,

My employer company is smaller one, 15 only.
And no marketing, but he is good giving me incentives.
I am planning to go with bigger consulting firm so that they can market me well and .....
So i am thinking of change of employer.

So are my earlier 3 questions.
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  #11  
Old 04-29-2010, 06:10 PM
Ramkumar Ramkumar is offline
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Ramkumar is infamous around these parts Ramkumar is infamous around these parts
Default

# When you did your H1 transfer, how many years you got extension?
Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
# What are the documents that you sent to COMPANY B?
Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
# When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.
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  #12  
Old 04-29-2010, 06:42 PM
austingc austingc is offline
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Default 140 Approved 485 pending

I have a couple of questions regarding H1B.

My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

Is this true? any ideas?
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