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  • lost_angeles
    03-01 06:07 PM

    I am relocating to a different city and my current employer, who started my Green Card process, is ready to offer me job as a consultant. This would be a tele-commuting / remote position. I would be paid on an hourly basis -- 40 hours per week.

    I am currently on H1B visa, but also have a valid EAD.

    Would accepting this offer be ok for my ongoing green card process? Any ideas on how I can approach this offer? Or would I be better off looking for a another permanent position with some other company.

    Would you please let me know your thoughts.


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  • prince123
    03-12 11:50 AM
    Thanks Krishna for your quick reply.

    I understand I can�t invoke AC21, but I was reading somewhere that � if you are changing your sponsored company and found same or similar job, then and then you need to file AC21, in my case my sponsored company is still same and ones I got GC, I will start working for them (like future employment).

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  • Anders �stberg
    February 18th, 2004, 12:08 AM
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  • gcdreamer05
    09-22 04:05 PM
    I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.

    My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?

    1. Will I have to re-file for PERM again with the new company?


    2. Can I continue under the already audited PERM in smaller company's name?

    As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.

    But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.

    All the best.


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  • fullerene
    12-17 06:07 PM
    Thanks for your prompt reply. I was wondering if you may have a separate section compiling all searchable supporting references together. I did not doubt that there should be summaries in the thread. It just like seeking a needle in a sea.

    I am writing to a District representatives urging them to support SKIL Bill. I believe if some supportive evidence or references will make my letter strong.

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  • dngoyal
    08-17 02:45 PM
    I applied for 485/EAD/AP in the month of June'2007.
    I got the receipt and my finger printing is done.
    Now my EAD/AP?485 are in pending approval stage.

    At this time, I need to travel out of country for urgent reasons,

    how it will work.

    I have H1B stamped on my passport which is valid till March'2010.

    Is it OK to travel on this H1B and re-enter or as my finger printing is done, I am already on AOS status.
    Please help.


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  • mrdelhiite
    10-19 01:38 PM
    H1, H4 (spouse) and H4 (kid) living happily.

    File 485 and gets EAD/AP.

    H1 doesn't use EAD.

    H4 uses EAD and hence looses H4 status.

    I-485 is denied.

    Now, my understanding is that spouse has to go out of country and come back again on H4.

    What about the kid?

    When does the kid loose his/her H4 status? (When both mother and father use EAD)?

    As long as primary stays in H status any derivative who does not change his H4 status will stay in H4 status. the only way a H4 can loose H4 status if he/she uses EAD. In your case if i have understood it correctly ur Kid will never use EAD and if you never used EAD ur H1 status is active thus ur kids H4 is active .. also i think ur wife can change her status back to H4 but would require her to file some paperwork .. she might need to geta visa stamp when she tries to re-enter into us..


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  • eadguru
    10-04 08:30 PM
    Hi Tnite,

    Thank you for your feed back.



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  • ramraj_02
    10-19 09:30 AM
    Hi folks,
    Have a question? Will it be possible to change from EB-2 to Eb-3 with in the same company. My PD is Nov 02 with I-140 just now approved. Or do i have to find another job in some other company in order to use old priority date. Pl. advise is this the right time to change or wait for EB-3 to be current for my PD(don't know , lost hope as of now)


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  • Maverick1
    10-30 03:46 PM

    Is there anyone who has the same status on AP and actually received the approval notice?


    Same status for about a week. No letter yet 10/30.


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  • phillyag
    07-17 07:12 PM
    I will be filing my 485 due to the current changes.
    I am getting married in December 2007.

    1. I am goin to file for my spouse at that time. Is it necessary that the dates should be current in order to file this amendement?

    2. I understand that one can file amendment before or within 180 days of acceptance of 485. is this correct ?

    3. Is there anyway to know that I am nearing my acceptance of 485?

    Your comments are appreciated.

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  • jthomas
    04-08 04:09 PM
    I guess EAD is personal property not employer property. I had filled my I-485, EAD and AP and my employer does not even know it. On top of it i had completed 180 days and moving to another job.

    Are you in H1B or EAD. If in EAD you have to renew it yourself the employer has nothing on your EAD.


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  • GC_1000Watt
    08-08 02:44 PM
    thanks buddy! So i believe it's just the state of the consulate..right?
    By the way was your case kind of same?


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  • optimist578
    10-17 07:37 AM
    I am in the same situation as thesaintmav. My priority date is Mar 03.
    I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.

    Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.


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  • waitingforgc
    06-29 04:40 PM
    I am on an H-1 and my wife has an H-4 visa.
    We filed our I-485 in July 2007 and will be current as of July 1st 2010 as per the June 2010 visa bulletin.
    We do not have an AP as we didn't renew it after the first one (from July 07) expired.
    We do have valid EAD�s (which we have not used until now)

    We have to travel urgently to India for some personal reasons in July 2010.
    What if we get our Green Card while we are gone? Can we still enter using our valid H-1/H-4 visas/status? If not, is it mandatory to have an AP to re-enter in this case?

    Thanks in advance.

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    04-25 08:31 PM
    yes her AP is valid till end of this year. Would it be problem if i take her gc and give it to her outside us??


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  • raviram1980
    03-13 06:39 PM
    Hi All,

    I would like my parents and my younger brother who is in his engineering college 2 nd yr to visit me on visitor visa. My father is a government emoployee with more than a yr job left, my mother has retired last yr and my brother has still 2yrs left for his engineering.

    1. Do you think they should raise any objection for my brother getting a tourist visa ?

    2. Should my brother's case affect my parent's case as well? I think given my father is a govt employee in India, that should work in his favor? Any thoughts.

    Thanks in advance,

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  • pa_arora
    09-05 01:09 PM
    I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.

    Is it okie to have gap between AP renewals or is it a problem?


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  • supers789
    05-22 04:34 PM

    I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -

    1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).

    2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?

    3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?

    I will really appreciate anyone can give me some brief guidance on this.


    03-02 06:10 AM
    If the company has processed your H1-B and they have fired you. Probably you are entitled for return fare to your home country. Because somewhere under some clause of H1B application, company has to sign that they will give return ticket to employee when the work is done. Please do some home work. Go to USCIS site and look for details needed to file H1-B application. Or if you have your H1 paperwork, look into it. You will stumble on something.

    01-31 06:02 PM
    I have been reading lot of threads lately on IV...While I am in same boat as all of you, I feel really stressed out after reading these threads. Almost feels sad about myself and others. I feel we need stress reduction...So lets get back to what we find the most fun. Prediction of VB Priority dates for Marc07.:D
    Let me start by guessing myself
    EB1 - All current
    EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
    EB3- Not sure if even God can predict here:confused:

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