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ven7782

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About ven7782

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  1. No, you will have to wait until the RFE is cleared. Also you would need paystubs to transfer and chances are you wouldn't have got any while your H1 is under RFE.
  2. ven7782

    How do I come back to US ?

    1. Can I use my remaining 1 yr of H1b through any other company C to enter US again or do I have to go through the process of lottery system in the May-Jun period ? Yes 2. If I can use my 1 yr of H1b by transferring to another company C to enter US, what is the procedure that I follow ? Check with your sponsoring employer's attorney. 3. Also, since my GC got scrapped, is there anyway that I can utilize my approved I-140 with company B to resume my GC process again. No.
  3. ven7782

    I-485 EAD

    I-485 applied and is pending. My wife has I-485 EAD which is up for renewal. I heard that USCIS implemented a change where if your EAD expires you can continue working provided you have applied for renewal/extension prior to expiry. Is this true? Previously one had to come out of work between EAD expiry and EAD renewal date if the latter is after the former.
  4. Yes you can travel with a valid AP while your extension is in progress.
  5. Technically No, since you applied in the EB category. If you go back to India the purpose of the GC requirement is defeated and you no longer need a GC. You have to be continuously be employed in the US until you get your GC.
  6. ven7782

    Employer change and switch to EAD

    You should file an AC21 for change of Employer. If you don't file AC21 the USCIS may inquire about your employment status with your previous employer when your PD becomes current. If they fail to respond or respond negatively the USCIS have full right to cancel your GC petition. Again USCIS may or may not inquire but why take chances?
  7. ven7782

    H1B visa 6 years completion

    There is no special provision. You will have to go through the Lottery when you reapply. If you have filed GC then you can extend your H1 based on your approved I-140 for 3 years where you won't be subject to the cap.
  8. ven7782

    eb2 to eb1

    First a determination has to be made if she qualifies for EB1. If she does qualify then yes, you can be her co-applicant and get GC along with her. One of my colleague who was stuck in EB3 got his GC through his wife in EB1. His wife finished her Phd and qualified for EB1. omshiv get your facts right before answering with a no each time.
  9. I don't think it should be an issue. As far as you are in the related field of work which is computer related. It should not matter if you move between test, development, systems engineering etc. Or even between different programming language. File your AC 21 and you should be OK.
  10. You should file your I-485 ASAP. No need to wait for your H1B extension. If your H1B extension is denied before you receive your EAD/AP card then yes you are considered out of status. 485 and H1B are 2 independent things. Your 485 should not be impacted by your H1B denial.
  11. ven7782

    Advance Paroled-H1B transfer

    1.) Yes you are eligible for H1B transfer. 2.) That is not true. You will get an I-94 for your H1B case as well as for AP when you used it for travel outside US.
  12. ven7782

    EAD and job change

    Experts please give your honest thoughts. I am working for Company A and I have to leave the company because they are shutting down my division. Here is my situation. I have H1B applied beyond 6th year based on my approved I-140 from Company A. I also have EAD with I-485 pending for more than 180 days (PD Mar 2010 EB2). Company A will cancel my H1 but my I-140 won't be cancelled (Lawyer of company A confirmed this) I have a contract to hire offer from Company B however the staffing company through which I am going won't do H1B nor AC21. But I will be paid on W2 on an hourly basis. My question is, Can I work via the staffing company for Company B on EAD and not file AC21 and hope I get my GC when the PD becomes current. Or hope I get absorbed in Company B which ever is earlier. I know there is a risk of RFE here but my fear is that since my H1 is based on the approved I-140, cancelling the H1 will link it to my GC process. I have known several of my friends getting GC without filing AC21 after changing jobs. I am just hoping to be one of the lucky ones. Please share your thoughts and advise.
  13. I filed my My H1B extension beyond 6th year in Feb end. My current H1B expired on Jul 1st and I am yet to get an approval on the extension. I have an EAD through I-485. But I want to maintain my H1B simultaneously. The question is, Can I transfer my H1 if I change Job? I only have receipt # of my H1B extension. I can use EAD to change Job but I want to maintain my H1B as well. The delay in H1B extension is really frustrating. Thanks, Ven
  14. ven7782

    EAD (not applied with 485 filing)

    I believe he meant the person who filed for 485. Funny selection of words though :-)
  15. Belle assuming one qualifies for AC21 portability, is it mandatory to file AC21?
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