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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
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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.


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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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sw33t

07-30 12:07 PM

23 members and counting.

Have you signed up yet?



http://groups.yahoo.com/group/texasiv

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10-12 11:01 AM

for TX members!

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muhamm5

02-05 10:54 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

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learning01

04-28 10:11 AM

Don't you get one from your employer each year. I received paper and soft copy of W-2 (the paper copy has atleast 4 copies) each year.

I do not know about I485...
but it is not hard to get copies of W2. IRS has a service that will give you copies of your fed tax papers including W2s in 60 days. You can also ask you employer, they ususlay keep a copy.

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rahul2699

05-19 04:43 PM

Hi,

I got a dream job offer and I have not yet applied for OPT. I have not graduated from school and that's why I applied for CPT.
I just want to know can I work on CPT till my OPT arrives? Also would it be of concern to my employer that I am working on CPT as long as I am eligible to work legally full time? Is that something I should intimate my employer about before joining?
I would appreciate if someone can reply really soon.

Thanks a lot.

You should not have any problem working on CPT as long as the job is related to your field of study. Your employer will know this by looking at your CPT card since it has an expiration date. Be aware that when you apply for OPT you have to get your OPT effective date as CPT expiration date if you want to continue working.

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deecha

11-25 03:58 PM

Basically, I think your labor can be re-appealed but it is a waste of time. It's better to work with your lawyer and get the job duties tick and tied with the paper filing. Nowadays there are lots of audit in the PERM system.

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ars01

02-19 10:51 AM

As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.

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giddi_raja@yahoo.com

10-08 10:12 PM

Dear Friends,

I have changed my employer after 180 days of my pending I-485. I have not communicated USCIS about this. I was able to renew my EAD, and AP online with proper documentation without any issues.

I am planning to travel to India on Advance Parole now. Wondering if I can show my former employer's documentation such as I-485, I-140 approvals if anything arises while going or returning. Do you anticipate any issues with this? or do I need to carry any information about current employer, and my Job?. Appreciate your help.

--Raj.

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swetha00

09-12 02:43 PM

Hi all!
Thanks a lot for the information...

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fromnaija

09-09 10:18 AM

If you are in the process of applying for H1 through another employer, you may be safe. As with everything USCIS, H1 revocation takes couple of months before it is approved. So in the interim you may get your new H1 approved before the previous employer's revocation sails through.

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infofana

11-12 07:16 AM

I've received an answer in the WPF forum :
http://social.msdn.microsoft.com/Forums/en-US/wpf/thread/70e5bace-be65-422d-b4d7-7a4e7a866837

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indianindian2006

04-12 04:13 PM

Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.

Thanks,
Manish

Is your wife travelling on H4 or AP.In both cases she should be fine.If she will travel on H4 then this is totally unrelated as your H1 is still valid and and she will be fine,if she is on AP then after RFE your case is suspended for about 3 weeks when you reply for the RFE and according to me she will be safe in the interim period of suspension to travel.
Please consult your attorney for confirmation.
Hope this helps.

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HawaldarNaik

12-10 11:04 PM

EB2
Priority Date- Aug-2005
Got EAD renewal for 2 years

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GCMATRIX

08-01 05:43 PM

I received my EAD on 22nd July and in online status it still pending .Though I got to hard lud on my Wife's EAD " Card Production Ordered) . But my status still pending though I received the physical card

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GC4US

10-22 11:19 PM

Could somebody tell me, please, if Uscis is sending 2 notices for finger printing? I mean one notice with one date and another notice with another date?Or is sending only 1 appointment.

I don't know where I read that you have to go for the finger printing 2 times.
Is this true?

Thanks in advance!

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dilbert_cal

06-24 09:19 PM

Hello All,

When I was doing my education (MS) my credit dropped drastically and recently like 2 years back it went for collections too. However I cleared all my credit card debts but it still shows on the credit report that as severe deliquencies and number of open accounts.

Next month I'm applying for AOS - I want to know whether bad credit will have any affect of the approval or denial of the application? :mad:

Any suggestion is appreciated.

Thanks

Credit Rating will have NO impact on your AOS.

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acharaniya

02-25 05:12 PM

Hi,

A friend of mine who's in India right now has been offered a job by two different employers here in the US. Both of those employers want to file for her H1B.
From her perspective it makes sense to let both the employers apply for her H1 coz that increases her chances of getting at least one approved. However, reading a bunch of FAQs online it seems that it'd be illegal for her to let both the employers apply for her H1B.
Is that correct? Does anyone have any insights?

Thanks.

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waitin_toolong

05-25 02:09 PM

she can visit a uscis district office and get a I551 stamp

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rpatel

10-18 11:34 AM

I think fromnaija got it reversed. I think you can file form I-824 to change your request for adjustment of status (on I140) to consular processing. The processing time for this form is lengthy...and questions may arise why as to you left the country and if the job offer was still valid...epecially if you were working for the sponsoring empolyer at the time of original petiton.

As far change as changing from consular processing to adjustment of status...I think this is a simpler process..you just file a I485 form when your dates are current.

Hope this helps.. Good luck

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updsoft

09-20 06:25 PM

Hello!

I am in USA since the year 2005 on H1B with company A. I have spent more than 5 years in H1B and during Jan-2010 i changed my status to L1A. Now i have spent nearly 9 months in L1A and a total of 5.9 years in US. Now i am likely to get a job in company B. My questions are :

1. Is it possible for me to change from L1A to H1B again?
2. If it is possible to change from L1A to H1B, Is my 9 months spent on L1A will be added to my H1B quota of 6 six years? (i.e i already spent 5 years in H1B and and 9 months in L1A).
3. If this 9 months is NOT added to my H1 then i am okay but if it is added, will that be a constraint for me to apply for green card in company B. please advise.

thanks

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