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  • simple1
    09-17 01:44 AM
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  • arc
    08-10 10:00 PM

    Thanks for looking at this question:

    Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.

    Now I am searching for a job, I am getting job offers.

    1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?

    2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.

    3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.

    Please throw some light on the best option I have.


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  • whattodo21
    04-29 11:44 AM
    You can apply for an MTR, and if it is approved, you are safe. If not, you will be out of status from the day your petition was denied.
    You can apply for H1 with another employer and have it premium processed.
    Share your rfe with us, to know more of the reason...

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  • amitjoey
    04-05 04:12 PM
    I have sent an e-mail requesting the call number

    Thanks gsc999


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  • newtoh1
    03-13 11:30 AM
    if H1 denied by current company and still he has time with wariler I797, in this case sep09, can he try apply H1 transfer to some other company ?

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  • krishna_brc
    02-02 04:47 PM
    I have received my green card 5 months ago and still working for the same GC filing employer(a consulting company). My wife had an RFE on her GC, since she could not take MMR at 2007 fiasco time. We have recently replied with the evidence. Now my project is getting over at the client site in next couple of weeks. I am sure that I can lose my job at consulting company also.
    My question is, what happens to wife's GC? What if there is another RFE and how can I reply it?
    Please let me know my options.

    Since you are the primary applicant and a Legal Permanent Resident - Offically!!!
    i do not see any implications to your spouse's application.


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  • LostInGCProcess
    11-04 11:07 AM

    My contract pre-maturly ended on Sep 27, 2008. I was on hourly rate on W2. So far I haven't find any assignment. I don't get paid.
    Am I eligible for unemployment benefits. Has anyone claimed this. Are there any future disadvantages if you show unemployment.

    Please let me know

    Thanks and Regards

    I am not sure about contracting positions, but if you were a full-time employee of a company and are laid-off, then you are eligible to claim unemployment benefits, which is true for GC holders, too.

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  • frostrated
    12-01 04:25 PM
    you cannot file two 485s. what you can do is get till the 140 stage, and then port the old 485 to your 140.


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  • kshitijnt
    04-30 01:14 PM
    Is letter from employee needed for filing I-485 for my spouse. I filed I-485 under EB3 last August and it's still pending. She takes my PD and my PD will be current in May. I have an old letter from my employer when filing my I-485 last August but was wondering if a new letter from employer is needed or the old one would do.

    Thanks in advance.

    does not hurt to get a new one.

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  • hemya
    02-12 02:25 PM
    Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing

    However please check with your lawyer since the above is only my understanding

    Good luck


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  • anilsal
    12-20 12:10 PM
    If you have the LIN number, you can register here:

    This will tell you whether the last status was approval, RFE, denial etc. So based on the status, you can know what the letter was really for.

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  • tabletpc
    05-27 05:13 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...



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  • India76
    03-02 09:52 AM
    Wow, This is good to know that at POE they can allow to stay more than the visa expiry date. Thanks.

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  • gcformeornot
    01-20 01:10 PM
    I am working for a consulting firm and my 6 year H1 is expiring on March 2012. My I-140 is approved as of Dec 2008(EB3) - pd Aug 2007. I-485 not filed yet due to PD not current.

    I have a fulltime offer from my client which is a global bank and so i would like to move to them

    My question is I don't have I-140 approval notice, but have the receipt notice and also can print out the status on the USCIS website. Also I have my Alien #
    My current employer wont give the copy of approval.

    1. With this Can I apply for I-140 based 3-year transfer?

    2. Also, once I get 3 years approved and join the new employer, if the old employer revokes I-140 will I be in trouble?

    have not filed 485 there is no use for you of approved 140 except you can use the PD. You will have to start GC processing again with new employer.(PERM-140-485).
    You should get a 3 year ext based on old employers 140.


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  • srijay
    08-05 08:41 PM
    It is August now and I have almost completed 3 years of my H1 (with a consulting firm) and I am due for my renewal by end of September this year. I have all paychecks proper so far. At this time, I badly want to go back to H4 for a short break while I keep looking for full time positions in the market. Due to recession and my location constraints, I am expecting an offer only after a few months from now. So, is it possible to get a change of status to renewed H1 immediately after I get an offer? How long will this processing take? Will a potential new employer be hesitant to offer a position because of this? My current employer is not willing to sponsor for my renewal. What is the cost of H1B renewal under normal circumstances?

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    02-15 09:30 PM
    AILA Leadership Has Just Posted the Following:

    Just when we thought it was safe to go back in the immigration waters again. Transparency, we were promised it. One year into the new administration, however, it remains an elusive concept. That is it did, until yesterday. Yesterday, I saw a poster at the CIS that revealed exactly how the agency views immigration lawyers. It was a poster of small fish in the water being stalked by a large shark. I walked past it and literally did a comic book like double take.

    Underneath in comparatively small letters there is a caption that warns people to protect themselves against those who are not authorized to help them. There was no indication or explanation, however, of what that could mean, other than the picture of giant shark.

    The subliminal message was both clear and offensive. I dare the agency to say I am reading too much into it. Google �metaphors and similes.� Nine times out of ten the definition includes a lawyer shark comparison/example. Couple this with the daily reports we receive where our clients are told �why do you have a lawyer, your lawyer knows nothing.�

    Contrary to the government�s implication, however, immigration lawyers are not predatory. The bulk of immigration lawyers I know, and I know a lot of them, literally agonize over the fates of their clients. They spend hours upon hours trying to assist them through a labyrinth of inconsistent rules, regulations (when we actually get them) and guidance.

    AILA works hard to combat immigration fraud and the unauthorized practice of law. It also does all it can to educate 15,000 immigration lawyers about both the law and ethics.

    I agree that immigrants need to be wary of perpetrators of immigration fraud. The government, however, should warn of the true predators - those practicing law without a license. Its posters should identify who those individuals are and provide warnings or information calculated to educate about unscrupulous practices. Simply, a broad statement below an icon typically used to vilify attorneys does nothing of the sort.

    I am not sure how to depict the government�s purported message in its elaborate seascape. Perhaps a tidal wave depicting millions being thrown back indiscriminately on foreign shores or a lamprey latched onto an unsuspecting gentle manatee. I need to think about it. I take metaphors seriously as they �are dangerous and are not to be trifled with.� Please remove the posters immediately.

    More... (


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  • dealsnet
    05-28 09:38 AM
    1. Send all AOS forms and proof of pregnancy from the doctor. They will issue RFE or you can send medical after the delivery. Don't take risk while on pregnancy. RFE reply will get 30-45 days time.
    2. If your current visa is not expired, you can delay in filing I-485. Just file I-130 now.

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  • martinvisalaw
    01-26 05:30 PM
    I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.

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  • bandoayan
    09-17 04:58 PM
    Leave aside ranking, this MBA program is not accredited by AACSB (AACSB International-The Association to Advance Collegiate Schools of Business (, the institution which accredits Business Schools. I wonder what value you will get in the market for an MBA from this University.

    07-02 05:41 PM
    I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.

    I am not lawyer :) but that's waht i went with and submitted just yesterday

    I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.

    02-25 09:16 PM
    It is perfectly legal to let two employers file for her H-1B visa. She can even work for both of them!


    A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
    From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
    Is that correct? Does anyone have any insights?


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