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Everything posted by redgreenbluee

  1. redgreenbluee

    I-140 Pending (Company Acquired)

    please consult a lawyer. company B is successor in interest and should amend I-140 as I-140 is approved with company A.
  2. redgreenbluee

    i-140 porting questions

    please consult a lawyer. porting in I-140 means retaining your previously approved I-140 priority date to your new I-140 application, so instead of having a later date when you re-apply for I-140 with your new employer, you will have the previously approved I-140 priority date. yes, when you change employer, you will need to start GC from scratch (LC and I-140), you can port/retain your PD as described above. it is usually possible to port PD even if previous employer revokes approved I-140 as long as it is not due to fraud, discuss with your immigration lawyer about the process.
  3. please consult a lawyer. N-470 is usually the form to apply with similar cases like yours, but since you just recently got your GC, you may not qualify to apply (part of requirement is a year of stay in the US after getting GC).
  4. redgreenbluee

    I140 Approved but my company has merged with new company -- Need Info

    please consult a lawyer. new company C is the successor in interest and needs to amend I-140. just like in any case (merger or no merger), you can change employer at any time. you will need a copy of approved I-140 to port/retain PD. however, it doesn't mean you cannot apply I-140 with new employer if you don't have copy of company A's I-140, you just cannot port/retain your PD.
  5. please consult a lawyer. once you got your GC, you might want to inform HR to update your I-9 form. it is less important with EAD as you are still working under H1 with your employer.
  6. redgreenbluee

    Apply I 1485 when denied I140 appeal in pending.

    please consult a lawyer. you can only port/retain PD of an approved I-140. even if you can port your pending EB2 I-140 PD to your approved EB3 I-140, the question is if you use your EB2 11/2007 PD on your approved EB3 I-140, does that make your PD current? you cannot use EB3 I-140 to apply I-485 if the date is not current. you can however apply I-485 based on your pending EB2 I-140, but if for some reason your appeal is denied, your I-485 will most likely get denied as well. in the end, (stated above) you can only port/retain approved I-140 PD.
  7. please consult a lawyer. GC and H1 are separate applications. when you move to employer B, your new employer will apply H1 transfer. having an approved I-140 makes you eligible to apply H1 extension beyond 6 years even from a different employer. I-140 is employer's petition and they can cancel/revoke it any time they want, you are in status as long as your H1 is valid, it has nothing to do with employer A revoking I-140.
  8. redgreenbluee

    Got my Green Card. What about wife?

    please consult a lawyer. you will usually see your old EB3 PD on your EB2 approval notice PD.
  9. redgreenbluee

    I-140 refile with new employer

    please consult a lawyer. yes, you will need to start LC and I-140 to port/retain your PD. it is up to your future employer if they want to apply H1 and LC simultaneously, it probably more of a company policy, but to answer your question, they don't need to wait six months to do it.
  10. redgreenbluee

    AOS for OPT holder engaged to US Citizen,

    please consult a lawyer. you can only apply I-765 EAD after getting married (apply I-130/485/765/131). you are correct, it takes 3 months on average to get EAD after filing I-130/485/765/131. you can get married in another country, marriage certificate is needed to start your GC. it does not matter which state in the US you get married. it should depend on the employer, but technically it should not matter if you have EAD work authorization.
  11. please consult a lawyer. you will need to either have a valid H visa stamp or a valid AP to enter the US. you can only apply AP after getting married and filing it together with I-130/485/765/131. it takes 3 months on average to get AP approval after filing. the other way is to get H visa stamp before returning to US.
  12. please consult a lawyer. you can have both EB I-140 and FB I-130 petition at the same time. whichever priority date becomes current will allow you to apply I-485. being married to USC makes your FB PD current and allows you to apply concurrently. if your FB petition is withdrawn (due to divorce), you can continue with your EB petition, and once your EB PD becomes current, you can file I-485 later on (or again if your I-485 got denied due to divorce).
  13. redgreenbluee

    I 140 revoke issue - Appreciate immediate help

    please consult a lawyer. you would only need to file MTR (motion to reopen/reconsider) if you got wrongful I-485 denial due to revocation of your I-140 by your initial petitioner (company A) as you are allowed to change employment based on AC21 provision.
  14. redgreenbluee


    please consult a lawyer. you cannot continue working after F1 OPT expiration and before H1 approval. while your H1 is still pending, you are still on F1. you get a 60 days grace period after F1 OPT expiration. it is best to resolve your pending H1 as soon as possible (before 10/3) to avoid disruption in employment.
  15. redgreenbluee

    EAD - Can I change more than one employer on EAD?

    please consult a lawyer. yes, you can leave company X and join company Y on EAD. there's no limit on how many times you change employer, you can even stop working while I-485 is pending. there shouldn't be any issue moving to company Y. you are leaving company X soon, you should have applied earlier (when you started with company X). some people doesn't even apply AC21 at all until PD is current.
  16. redgreenbluee

    I 140 revoke issue - Appreciate immediate help

    please consult a lawyer. did you get your I-485 denial? you will need to file MTR and provide supporting documents like filing AC21 and satisfying its condition (pending I-485 for at least 180 days before leaving company A), etc. it would be best to consult an immigration lawyer like murthy with your situation.
  17. redgreenbluee

    PD Current in May, still waiting for GC

    please consult a lawyer. schedule an infopass and inquire about your application. contact your local congressman for help as well.
  18. redgreenbluee

    I140 approved, change jobs

    please consult a lawyer. your H1 transfer will have the same validity with your recent H1 extension if that is 12/2013 (not clearly stated). with an approved I-140, you are eligible to file H1 extension beyond 6 years even from a different employer.
  19. redgreenbluee

    renewal of green card

    please consult a lawyer. file form I-90 to renew GC. a valid GC is required to apply USC.
  20. redgreenbluee

    I-94 Urgent question

    please consult a lawyer. it is best to retain copies for your records. you will need to submit all I-94s (during entry and any attached on I-797) on exit.
  21. redgreenbluee

    i-140 refiling, if company merges ???

    please consult a lawyer. the new company (after merger) will be the successor-in-interest with your petition, your employer will need to supply such documentation with your I-140 petition. employer will usually have to amend I-140 on approved cases but your case is slightly different as you are only filing your I-140 but would be similar to show successor in interest in your petition.
  22. redgreenbluee

    H1B - H4 - H1B(Future)

    please consult a lawyer. you were counted on H1 before so you are eligible for cap-exempt H1.
  23. redgreenbluee

    Can I ask my company to withdraw my H1B process

    please consult a lawyer. did you apply for cap-gap? it might be too late as your 60 day grace has ended. you need to act fast so you don't accrue unlawful presence.
  24. redgreenbluee

    Please help me out from this situation. COS F1 to H4

    please consult a lawyer on F1, you are allowed to stay 60 days after completion of study if you didn't apply OPT or your OPT got denied, as long as you are within the 60 day window, you can apply COS to H4.
  25. please consult a lawyer. company B is successor in interest and would need to amend I-140.