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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 04-19-2012, 10:00 PM
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DESIPURE is on a distinguished road
Default 6th year of h1b

Hi Experts

my H1B is valid until may2010- may -2013 .This is the sixt h year.

i work for company A ,who is not willing to sponsor GC.
I have another company B .

The company B is planning to get my GC . By which month they have to file the i-140 ?
so that I can get another 3 years extension . Please Advice
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  #2 (permalink)  
Old 04-20-2012, 06:44 AM
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Jan-10
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Anytime from now. It is better to get I-140 approve asap. Now a days it is taking 3-4 months.

If any RFE its take another 6 months to 1 yr.

In my case I did in premium process and got my I-140 within 1 week.



Quote:
Originally Posted by DESIPURE View Post
Hi Experts

my H1B is valid until may2010- may -2013 .This is the sixt h year.

i work for company A ,who is not willing to sponsor GC.
I have another company B .

The company B is planning to get my GC . By which month they have to file the i-140 ?
so that I can get another 3 years extension . Please Advice
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  #3 (permalink)  
Old 04-20-2012, 12:51 PM
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DESIPURE is on a distinguished road
Default 6th year of h1b

Hi

Thank you for the reply .How many pay stubs is required to file a i-140 ?

In how many months the new company B start the I-140 FILLING.
?

thank you in Advance
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  #4 (permalink)  
Old 04-20-2012, 12:59 PM
Junior Member
Priority Date
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Jan-10
Category
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EB2
I140 Mailed Date
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06/21/2010
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India
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I-485
I485 Mailed Date
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02/29/2012
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Join Date: Jan 2010
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dkin007 has a spectacular aura about dkin007 has a spectacular aura about
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I think I have given 6 pay stubs.

If everything is ready they can file immediately(I will suggest apply in premium process). You have to give your experience letter.

Also my employer did my eduction evaluation from a reputed company.

Quote:
Originally Posted by DESIPURE View Post
Hi

Thank you for the reply .How many pay stubs is required to file a i-140 ?

In how many months the new company B start the I-140 FILLING.
?

thank you in Advance
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  #5 (permalink)  
Old 04-20-2012, 01:53 PM
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Quote:
Originally Posted by DESIPURE View Post
Hi Experts

my H1B is valid until may2010- may -2013 .This is the sixt h year.

i work for company A ,who is not willing to sponsor GC.
I have another company B .

The company B is planning to get my GC . By which month they have to file the i-140 ?
so that I can get another 3 years extension . Please Advice
The rule is if you have an approved PERM, which has been filed at least 365 days ago, you will get extensions of 1 year to your H1B. If you have an approved I-140, you may get 3 year extension. There is no time limit on how many days before your I-140 need to be approved.

If your GC process hasn't been started yet, you need to move quickly. Because PERM (labor) takes time. A paper ad and an online ad need to be posted with your job description and then they need to wait for at least 60 days before filing your labor. There is no premium processing for labor, and it is taking between 3 to 6 months these days. Once that is approved, you can apply your I-140.

But if you new employer B has given a paper ad with similar job description as yours recently, sometimes they can reuse that for you and straight away file labor without all that process.
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  #6 (permalink)  
Old 04-20-2012, 08:49 PM
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Hi

Thank you for the reply they are trying to place the AD to file the i-140 .I want to keep my family together.


Thanks
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