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  • mn_finch
    08-25 05:48 PM
    My Permanent residency is being processed thru Employer A (I-140 not done yet).
    Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.

    If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?

    If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?

    What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:

    Your answer/advices are highly appreciated.




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  • a_yaja
    01-16 09:56 PM
    In Ohio, they issue a DL for one year from the application for H1B extension if the H1B has not been approved yet. It might be the same case in NC as well - it might be worth checking.




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  • flipflop
    08-28 01:39 PM
    I believe filing CPT and working on CPT till EAD (if filed with 485) arrives in hand should not affect pending I-485 at all.

    Can somebody else in this situation confirm this?

    This should be quite a common issue.




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  • rsdang
    08-22 11:46 AM
    Sorry not the answer you are looking for but I remember them scanning the bar code and A# was on screen - cant remember it it was manually entered or popped up due to bar code scan...



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  • Jeffphoto
    July 27th, 2006, 08:43 AM
    Pretty cool people in your city, Antonio. 'Round here they just feed corn to pigeons!




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  • rajeevkaza
    01-17 04:17 PM
    Every attorney handles a case in different way. But sure your Bank statement reflecting a direct deposit will be a substitute for your paystub.

    good luck.
    RK



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  • newtoearth
    03-15 12:26 AM
    Please reply




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  • inskrish
    07-19 07:07 PM
    Your solution seems risky. USCIS may either issue an RFE later ,or straight away reject your application due to lack of evidence, so it is better negotiate with your old employer and get the document. If you get an RFE, you can submit the response even if the dates are not current. But, if your application gets rejected, you can reapply only when your PD is current, and that will make you to wait for years.
    Regards,
    IK



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  • jelo
    02-10 10:50 AM
    Employer shared the copy of the labor filed and the answer to the question was NO. Please share your knowledge on what could have triggered the NOIR and what can be done




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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.
    http://www.michaelpiston.net/documents/m/changing%20employer%20after%20I-485%20is%20approved.pdf

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??



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  • dassumi
    03-02 04:07 PM
    If the employer is the same and working remotely is an option, then why move from H1B to EAD. Why not keep the current status (full time) and work remote?

    Anyone?




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  • same_old_guy
    07-10 02:53 PM
    Where have you been ?!

    DOS issues in on 6th July and no one know why they did it ! As somene said, may be they have now learnt how to stich 2 html pages together !

    About legal implications, we dont know that yet. But we will once AILF class action suit will be over, won't we ?



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  • Prashanthi
    07-14 05:55 PM
    Can she open a business on H4 and won't need B1/B2 (I read somewhere that Canadian citizens generally come on B1/B2 to establish a business and then apply for E2)? Let's take an example, we invest 50K into a business and which employs 5-6 US citizens and also buys raw material/products from US suppliers with profit generated is 3K per month, will that be OK? Also, since she is on H4 and I am on H1 and none of us can work for the business how do we set it up?

    Remember that you can be a passive investor on H-4 but you cannot run a business, you might be able to incorporate a company as long as you do not take any profit from the same. To be safe ask you spouse to go to the US consulate in Canada and get a business visa and enter on the same. She can always revert to H-4 at any time.




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  • martinvisalaw
    04-09 02:07 PM
    The employee cannot pay any of the PERM costs - ads, attorney fees, etc. The employee can pay any part of the I-140 and 485 costs.



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  • GC_SUCK
    10-27 11:03 AM
    I could not understand what you mean by "NON-RIR labors were being processed first compared to the RIR ones. "

    From AILA and immigration-law.com:

    "AILA has reported that the BECs are still processing April 2001 traditional cases for the traditional case track and it is not expected to move ahead for sometime due to the huge number of 245(i) cases which were filed in April 2001."

    I think we will not see a lot for Traditional Cases for a looong time.

    My NON-RIR - PD - 04/2002 is also stuck in BEC.


    Last i read was that the NON-RIR labors were being processed first compared to the RIR ones. So think twice before u take any decision.




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  • GCHope2011
    02-27 04:20 PM
    I am on F1 visa. I enrolled in one of the university. I don't attend university in person. I do attend classes online from another state. My question is that I am resident of which state ?? Will I be automatically resident of state where exactly my university is ? I know it is mandatory to attend classes in person on F1. Can you please advise ? How is residency considered ?

    Thank you very much.
    If you are on F1, you need to be attending courses in-person - so e-learning/ distance learning is a voilation per-se of F1.

    Now, if you were attending the courses in-person, you can be residing anywhere (particularly in cities close to state borders), and your residency will be the address where you are staying, not the university you are enrolled in. There is nothing in the rules to be a resident of the same state as your Univ is.



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  • ajju
    09-03 10:50 PM
    Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.

    My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.

    Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.

    Any help would be appreciated.

    Check with your lawyer... (not this old one.. who's so forgotful :-))

    Get a better lawyer like Murthy or Khanna... if your life depends on it...




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  • sobers
    04-05 09:19 AM
    gc 2010

    this issue has been discussed in-depth before and sorted out.

    edited by moderator...no personal comments please




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  • Steve Mitchell
    October 24th, 2004, 02:18 PM
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    bhatt
    04-02 02:21 PM
    I did it online on 3/21/09 and got approved for me and my wife on 3/31/09. 10 days total turn around! I was amazed to see USCIS's efficiency on cases filed online. I heard the opposite that if you file online it was taking long time. Mine was at NSC

    For TSC paper filing is faster than eletronic filing;).




    gccovet
    10-31 08:59 AM
    In my opinion,
    Once a person starts working on EAD, his H1 status becomes void. I have read in forum that people still switch from EAD to H1, but I am not entirely sure on that one.

    But here is what your friend need to do:

    All who are planning to use AC21 or already switched job using AC21 (using EAD). Following is very important:

    If you think you are immune, think twice, especially if you are making an investment (American Dream) by buying house, please read the following, help keep your dream intact....


    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads:
    http://immigrationvoice.org/forum/sh...d.php?t=22052;
    http://immigrationvoice.org/forum/sh...ad.php?t=21716



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