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About ksribhas

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    Advanced Member
  1. Following the topic... Same situation
  2. LCA should be enough. Depends on how your H1 was defined for an amendment.
  3. ksribhas

    Approved I140 AND 485 AC21

    1. Company is correct. AC-21 cannot be invoked until you file your I-485 and it is pending for 6 months. When the dates will become current cannot be predicted as your priority date is farther or recent. recent guesses are they might move forward up to summer of 2009 by the end of this fiscal 2. Yes you can have the same priority date for company A EB 3 as the priority date of EB2. But please note from whom you are filing I-485 and whether in the EB2 or EB3 queue. EB3 will take longer generally 3. See # 1, EB2 becoming current for priority dates of 2013 is very unlikely anytime soon. So which ever employer you intend to change will have to start the GC process all over again. They can however ensure you get the same priority date of 2013. You can however move to H1 status and stay continuously by getting 3 year extensions based on approved I-140
  4. ksribhas

    EB3 to EB2 porting question

    You can change to company C. You can still retain priority date from employer A. Also, try using FOIA to get information on the applications filed on your behalf by company B
  5. ksribhas

    H1B RFE issue

    1. Yes 2. RFE if any for new employer will be based on their situation , nothing to do with current employer.
  6. She has to go for stamping if VISA in the passport has expired.
  7. I think should be ok since you gave an earlier date than the actual date. The only thing you might be careful is if those 5 days impact any experience requirements for the job.
  8. ksribhas

    I 140 Denied , New PERM Application

    An existing appeal has impact on a new I-140. It is based on personal experience. The law states that Appeal and new petition are independent if the new application is for a different labor. Also once the appeal is adjudicated, the pending application does not get picked up automatically, it took 12 months for me . The above said, the current AAO timings are much better than it used to be around 2 years ago . They are all current i.e in the 6 months range for decision. Since your new PERM is going to take sometime for to be approved, your filing of appeal now should not be an issue.
  9. ksribhas

    H4 spouse pregnant and I-94 expiry

    You are fine as long as her I-539 is filed I guess.
  10. ksribhas

    Urgent Help Employer refusing to give EVL - 485 RFE

    Just ensure you fit in the AC-21 criteria for the new employer and submit EVL from him along with the AC-21.
  11. On point 3 , your switch to EAD whenever it happens does not impact the I-140 , you still retain that and its priority date.
  12. ksribhas

    H1B Transfer Question - Please advise

    don't you even have the receipt # for the I-140 ? Receipt # is just sufficient to use it for xfr. The other answers are subjective to each case. Otherwise FOIA is the way to go .
  13. ksribhas

    Visitor from conflict area in Ukraine

    Actually Ukraine situation is independent of this I would believe. Your situation is how to extend a visitor's visa from within the country. Just file I-539 for extension of stay with justification documents. Next comes long term stay for your MIL. Since your wife is a USC , she can just sponsor her in the immediate relative category.
  14. ksribhas

    Reapply GC when i485 is pending

    1. It will not have any impact until you with draw it . New PERM will not impact it 2. Depends on what you did in # 1, if you with draw your I-485, you will not get GC . You however retain your prior priority date of 9th March 2009, your new I-140 can use that and you can file I-485 as soon as new I-140 is approved. Or if PERM is approved and dates are current you can file I-140/I-485 at the same time 3. No . If you with draw the I-485 you loose EAD and AP eligibility. Have you spoken to any other immigration lawyer ? I guess if you are able to provide that the new job is same/similar to the current job , the new company can just file the successor of interest petition for the already approved I-140 and you can retain the I-485. This of course also depends on how the sale deal was structured between the old and new company Also another thing to consider is your eligibility for AC-21. to use that you have to wait for 180 days after I-485 is filed which is around first week of Mar 2015. Can this position wait till that period since it is all the same new company now ? If it can wait till that time , you can just use AC-21 / EAD from that date assuming your current role / new role fit under same/similar occupation. I would still think you would not have to start all over . Consult another immigration attorney.