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  • newtoearth
    03-11 07:41 AM
    Dear fellow IVians/ Lawers.....

    Please help me

    I am on my H1B 6th Year Ending and my H1B valid till 2012 Sep 30 with my Current employer company A Which is a desi consultancy company.

    I have a approved I140 with company A. With PD of March 2008. I 140approved in OCT2008
    Cargability - India
    I485 - Not yet filed:o
    ----------------------------------------------------------
    on March 1st company A announced that they will be merging with company B.

    Company B Sent us an E-mail saying that they are acquiring resource group of company A.

    :confused::confused:

    When we questioned our old employer company A, they told us that yes company A will remain in existence but all human resources will move to company B :mad: All other assets and liabilities will stay with company A.


    -------------------------------------------------------------------------------------------
    I am in lots of confusion...and questions...heap of troubles it seems...
    Please tell me

    1. This Situation can be called/categorized as Aquisition/Merger?
    2. Will my I140 quilified for Successor of Interest if company B is ready to take over and sponcer GC for me?
    3. Or do I need to go thru the whole process of ADS, PERM, I140 path to come to current state?
    4. What happens if my PDate (Old, and assuming that in either case I can port my PD??) is current before company B's I 140 got approved? Can I file I 485 based on my company A I140 As company A still exists???
    Are there any complications involved in this?

    5. I am assuming that I am qualified to entitile 3 Year H1B visa with company B based on my company A approved I 140. am I correct?

    6. What happens if company A is going for bankruptcy before my H1B transfer?

    7. What happens if company A is going for bankruptcy before my I140 approved with company B and port I140 PD?

    8. also I heard that Company A may required to pay some amount to the employees(20K ??)? Any idea on this?


    Kindly help me!!!

    Thanks in advance....





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  • newbie2020
    06-17 12:57 PM
    As long as you meet the requirements for EB5 (500K in approved areas/ 1M in rest)

    you should be good. They don't need the 140 and if you haven't applied for 485 then it doesn't matter.

    Also did u know it is a conditional GC (just like when u marry USC you get a conditional GC) after 2 yrs you need to apply for removal of conditions by proving you met all the EB5 requirements.





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  • navdeep.mahajan
    03-08 10:37 PM
    Thanks for your wishes





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  • rujulm
    11-03 01:26 PM
    Hi currently I am on H1B which is set to expire at end of November and will not be renewed. I have another position coming up but the visa application may not b e done till late December or January. I would need to transfer to H4 on my spouses status till then.

    Can some one guide me in this process. What steps must be taken to transfer from H1B to H4? Is there any webpage which explains this step?

    Is is better to file for H4 from USA itself or to go to India and do it?

    Once I file for H4, does it have any impact on my filing for H1 from the new employer later in December or January?

    Please assist me.

    Thank you in advance.



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  • carbon
    03-24 09:26 PM
    If you have worked on a H1B that was from the quota and you have
    never left the US for more than 1 year since then.. then you can
    transfer your university H1B to company H1B (without waiting for Oct1)
    I have comfirmed this with one lawyer for my situation.





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  • sanju
    02-05 11:07 PM
    I am on H-1 B , and planning to apply for Labor certification - working for an Automobile manufacturing Company in Engineering department,my qualifications are Bachelor in Mechanical Engineering-SOC CODE (17-2141), Masters in Industrial Engineering SOC CODE(17-2112).
    Just want to ask can i use Commercial & Industrial designer SOC CODE(27-1021), as base cause for using this code is my current job responsibilities matches with it and also meeting Salary requirements, other two codes giving high salaries comparing this code - (flc data center),
    By law do i have to use the same code in which my bachelor or master degree is OR it depends on my current job responsibility
    . help will be appreciated


    As far as I understand, your degree is not the only criteria to decide the SOC code for labor certification. SOC code depends on the combination of your education qualification and your experience in the relevant field. Every job has a minimum qualification. But the minimum education qualification doesn't describe the SOC code. If you meet the minimum education qualification, you could apply for that job, but then one has to meet the required experience required for the job. I guess the combination of experience in the relevant field and the minimum education qualification together weigh in to decide the SOC code. If your employer and your lawyer feel comfortable with Commercial & Industrial designer SOC CODE(27-1021), then it is Commercial & Industrial designer SOC CODE(27-1021). ;)

    All the Best!



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  • pcsim6770
    12-20 07:27 AM
    thank you so much for the reassurance, have been getting mixed reports of immigration officers denying re-entry, so am a little perturbed :) dont want to be stuck in a situation where i cannot re-enter :)





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  • kirupa
    06-20 06:20 PM
    haha, great story on how it all just worked :P

    Are you sure someone didn't plant those oranges for you to find?



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  • chacha
    03-21 11:21 AM
    Hi - i am converting my L1 to F1 which will cover me for 2.5 years. In the field i am working in, there is a high probability i will be able to find work before the degree is finished. Is it usual for big employers to already have H1 visas to sponser you on, or do they have to start from scratch. Im really trying to find out how easy it would be for a prospective employer to hire me after. (yes i am aware that one is supposed to return back to their country of origin)





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  • SlowRoasted
    05-22 10:17 PM
    not feeling the font.

    also a blue sky might give more of an island feel. When i see the stamp i think of a scorching hot desert right now.



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  • pooch
    09-04 12:52 AM
    I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.





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  • gc28262
    01-28 08:44 AM
    What would be fee for the old folks who filed I-485 in June?
    Use the new fee for EAD as June filers did not pay the new USCIS fee for 485 filing.



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  • gc_chahiye
    09-19 07:38 PM
    ronnie is right, using EAD even for a part-time job means losing your H1 status.





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  • dohko
    06-09 08:43 PM
    Hi

    I have a friend that has a BS in Computer Engineering, and a MS in Electrical Engineering.
    Can you guys give me sample job description that will qualify for EB2. He has 3 years of experience but that was acquired before obtaining the degrees.

    Company is really flexible with job description.

    Thanks in advance.



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  • mk26
    06-10 08:28 AM
    Are you the mouth piece for your friend...?
    I liked the answer, these days there are lot of message meant for freinds only, no offence in helping friends though.





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  • msyedy
    01-09 02:35 PM
    Dear All,

    I saw your website & thought may be you guys can help me solving my query about H1 transfer. I am holding a H1B valid till 2009. A month back a new company had filed a H1 transfer & I started working for them. Now I have 2 paystubs from this new company & I am getting a very good offer from another company & I would like to go for this offer. So my question is on the basis of these two recent paystubs can I get my visa transferred to the 3rd company while another visa transfer is in progress?

    Yes you can as far as I remmember. You can transfer on the the reciept of the notice date of the already filed H1B.

    I always suggest, please Discuss this with a lawyer...and the lawyer is the best person to help you out.



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  • husker
    10-13 11:57 AM
    The Nov bulletin is out
    Visa Bulletin November 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4576.html)

    No change





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  • eb3retro
    09-15 01:39 PM
    Please update your profile.

    Applying AP second time....

    Application submitted online - 09/09
    Possible RFE date - 09/10 ( I didn't check)
    9/11 and 9/12 (weekends)
    Supporting document received by USCIS - 9/13 (Morning)

    Checked the status on 09/14/2010 - The current status is - Request for Evidence Response Review
    ---------------------------------------------------------------
    On September 13, 2010, we received your response to our request for evidence. This case is being processed at our NEBRASKA SERVICE CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address .......
    ---------------------------------------------------------------
    Soft LUD on 9/14 and 9/15

    Not sure if they issued an RFE or just changed the status. I have just submitted the supporting document after E-File.

    Anyone is similar situation?





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  • jobelaw
    06-09 01:06 AM
    My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input





    unchew
    06-06 11:52 PM
    Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.





    thakkarbhav
    02-08 09:34 AM
    You do not need EAD as your have GC. You can stay and work using your GC. EAD is required while your GC is under process.



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