Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...


  • Content count

  • Joined

  • Last visited

Everything posted by care_candidate

  1. care_candidate

    H1b Green Card with a new employer

    You can start with new employer on new H1b with no issue regardless what older employer do with I-140. As a matter of fact they can't do anything. However, it is waste of time for you if new employer is not going to or delaying too much in initiating new green card process (from scratch). If I was in your situation, I would get it cleared from them when exactly they will start the process. As you already have been partially in this process, you should have some idea about rough timeline. Your new PERM will take at least a year, then I-140 could take up to six months. Then, there will be long wait for PD to become current, which can be over 10 years. This is because of your country and category. Because of this long wait, the severity of your new employer delaying to start green card process is insignificant. All you have to make sure that your new I-140 is ready by the time your PD becomes current. Now, there is bill in US House that is trying to remove country quota. If that passes and goes through all the way to Senate and President, this long wait could be reduced significantly. If that happens, then you could face some delay because of delaying in starting process by new employer. The chances of that happening is unknown at this point with this administration and the fact the the election is coming next year.
  2. care_candidate

    H1b Green Card with a new employer

    You haven't explained clearly the status of your first GC application status. Is it filed long ago? Did you receive EAD/AP card? What do you mean by first employer cancelling GC? What is you PD, country, category? How far are you with H1b?
  3. care_candidate

    I-551 use in travel from India / Dubai to US

    I-551 is fine to enter. You can have copy of old GC as backup but you still are ok.
  4. 1. You probably don't know this but you need to have whole new process to start for employment based green card each time you change employer. That means, with employer #3, you have to start process from PERM, then I-140 and when it is approved and date becomes current, you can apply for I-485. The only advantage you will have is that, during the process at the time of filing for PERM, you can request to retain the same priority date as that from first time you were issued priority date, which in you case is with employer 1. 2. No, but it needs some explanation. It is employment based green card so an employer needs to be in it for most part of it. As per the rule for employment based green card, first two processes (PERM and I-140), it is employer's responsibility to file these with you as beneficiary. For the last step, it is NOT employer's responsibility to file I-485 for you. Although some employers do that, it is not the requirement on their part and they cannot stop you filing on your own - But there is a catch. A beneficiary files for I-485 for himself/herself along with I-485J. Here, I-485J (A catch) is to be signed by employer that shows that that employer is willing to continue beneficiary employed as terms mentioned in I-140 with same/similar job with wages matching or exceeding prevailing wages in I-140. You cannot exclude employer(any) at any point during 'Employment based green card' application. 3. There is no point in somebody answering this question because it keeps changing slightly all the time with some basic documents remains the same. You can find that at USCIS website or IMHO a decent attorney should be hired to take care of this.
  5. care_candidate

    Will I94 gets updated while travelling to Bahamas

    If it is cruise, no new I-94
  6. care_candidate

    J-1 waiver job to Green card

    I was in doing medical residency with J-1 visa with 2 year home residency rule. After finishing residency, rather than going back to home country, I opted for working in undeserved area using conrad-30 program with H1b visa. I am just in first year of those 2 years and see that PD is current for me. Can I apply for I-485 and/or I-130 now? Is there a material to read on this topic?
  7. Are you aware of concept of Priority dates? Are you/parent trying to apply green card for your parents using family based or on their own?
  8. You can continue your MBA as long as you have a valid H1b. If that is getting cancelled for any reason before MBA completion, you need either F1 (Full time) or J-1 visa. Each has lot of strings attached to it and would require formal application. If you don't have lot of time, contact school immigration officer immediately on your options. You may have to get new visa stamped but that is not a big hurdle in many genuine cases.
  9. care_candidate

    ARV validation with new H1B

    Did you receive I-797A with new I-94 at bottom of the document?
  10. care_candidate

    Traveling to India from USA on expired Visa

    If you have a valid Indian passport, why would you need US visa to go to India? It doesn't make any sense.
  11. care_candidate

    Greencard and Employer change

    There is no negative effect on decision except that your Green Card may arrive late if your PD becomes current and you don't have I-140 approved with your future employer. I am assuming that you are from India. Your PD s about 20 months away and PD is move has slowed down since past few months. My estimation is that if you do go for this new employer and follow their schedule your Green card might not have delay at all or it will be delayed by about six months than it would if you would remain at current employer. My advice is to give a second thought of joining this new employer. If you are gaining significant advantage in your career, you should go with them and try to convince to limit starting Green card process as soon as possible. A lot of employer are not flexible about this but what I observed is that, if they don't have too much experience in processing Green cards, they don't understand the difference between applying quickly versus wait. If you are lucky, they may start sooner than what they said.
  12. care_candidate

    Travel to Bahamas with short visa validity

    There is no issue while returning as long as your travel is via closed loop course (Start and end at same port). However, you need to have your extension approved before expiration of H1b visa. H1b extension can be filed six month in advance of expiration. What is the reason your employer has delaying so much? If I was in your situation, I would encourage them to submit application right away and do it premium, so approval will arrive before expiration, regardless your travel.
  13. care_candidate

    Travel within the US with US Born Child

    Absolutely nothing within US. However, if you are going to US territories such as PR, Guam...etc., citizen required to carry passport.
  14. care_candidate

    H1B EXTENSION with I140

    In order to extend you H1b with current company, you need to have I-140 approved with them. There no merging of I-140. Only thing you can use from old employer is your priority date. I think you are running out of time staying in US and possibly going out of status after H1b expires - Contact immigration attorney immediately.
  15. care_candidate

    Few Question with DS-160 form filling

    Your #1 is discussed numerous times on this forum. There is no such thing as "Sponsoring visitor visa". Visitor will have to show that they have sufficient fund to visit, spend here for whatever activities they want to perform and return in stipulated time. There is no minimum number for this but its good to have liquid cash; Fixed assets to dot qualify. They will also have to show that they have enough ties to home country. This is tricky but strong points to are job (not in your parent's case), close relatives in home country, Multiple close relatives not in US, education, past US visa and visits...etc. Their intent to return is significant and single-most item that will get scrutinized on officer making decision. #2 Just use your best judgement and do not lie. Also make sure to ready to respond to frequently asked questions such as why do you want to visit How long? Where are close relatives living?...etc.
  16. What happens when I-130 is submitted and priority dates becomes current and I-130 approval is not received? Is it alright to file I-485 as concurrent or any other way?
  17. care_candidate

    I-485 and I-765 pending and H1B denied

    Why are you asking this question now? (Perhaps because you received RFE?) Are visa numbers available? Are you trying to change jobs? What is the reason you think your H1b will be denied? What changes were done recently to your H1b status? How many times have you received H1b beyond six years? Have you made any mistakes in application? Doesn't you work profile match between H1b and I-485? Typically candidates have solid base at H1b and then go for EAD and then I-485. Answer to your first questions is No, there nothing available for expediting EAD. Answer to your second questions is that it depends on answer my first question or six months after Feb 2019, whichever is earlier, to get permanent status.
  18. care_candidate

    J-1 waiver job to Green card

    50 views, no answer?
  19. care_candidate

    Meaning of Case Status on USCIS Website?

    It's normal. "case received" mean it has yet to be evaluated. As they have accepted it, it is likely that application is complete.
  20. care_candidate

    Question about family/group appointment

    The most suitable way is to apply together. Your mother may not have to go for interview but father needs to go. In worse case, they may both have to go through interview. If their case is genuine, there shouldn't be any issue.
  21. @pontevecchio this is new information to me about connection between H1 expiry and AOS application. The fact is that even there was 2-year rule, my medical facility signed 3- year contract with me and applied for 3-year H1. So somehow it went from two to three years. Can you please share source of your information? I am interested in knowing more.
  22. I was in doing medical residency with J-1 visa with 2 year home residency rule. After finishing residency, rather than going back to home country, I opted for working in undeserved area using conrad-30 program with H1b visa. I am just in first year of those 2 years and see that PD is current for me. I have applied for I-130 just few days ago and my PD has become current. Can I apply for I-485 now?
  23. care_candidate

    Multiple I140

    No. In new application, you can request to retain PD based on older employer application; that way you don't lose lot of time. In addition, you can use older I-140 approval to extend H1b of your current employer. Once you get I-140 approved from new employer, you use that for further extension. However, it can go as much as that far only. It's like jumping from one rock to other. Once you are firm one second one, you don't get to go back.
  24. care_candidate

    EB2 - Green Card - Cross Chargeability

    Doesn't matter where your parents born 🙂
  25. care_candidate

    I-140 Priority Date Porting Issue

    Your new employer did it incorrectly. When you change employer, you should start from scratch. PERM then I-140 then I-1485. Also, you can request to capture same PD by showing previously approved I-140 copy. Since application is wrong, you need to consult with attorney and tell the situation completely. You probably have cancel new application and then start whole new application as mentioned above. From beginning. Check and estimate when PD is becoming current. You may not lose any time. Your attorney is lacking knowledge about basic process. Hire a reputed one. There is no change in this process at all. You need to sort this I-140 first before you apply for H1b extension because H1b extension requires an approved I-140.