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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 07-31-2007, 01:56 PM
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Priority Date
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Apr-04
Category
:
EB3
I140 Mailed Date
:
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:
India
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:
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Default I-485 & H1B Different Employers

Hi,

I am with Employer A (H-1B 7th-Year), Another Emplyer B has filed for my I-485.

My Current H-1B is expiring in October 2007.

I am about to file for I-485 with Employer B.

1. After Filing I-485,Can I start working with Employer B, without get EAD. ?

2. Do I still have to file for H-1B Extension with Employer A. ?

3. How long Do I have wait, before I start working with Employer B after filling I-485.

4. I already filed I-140 back in Feb 2007, which is still pending.
since I already filed for I-140 and now I am about to file I-185,
Can I claim for Concurrent Filling for I-140/I-485 using I-140 Application Date ?



Thanks in Advance


Immqry
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  #2 (permalink)  
Old 07-31-2007, 02:03 PM
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Join Date: May 2007
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Quote:
Originally Posted by Immqry
Hi,

I am with Employer A (H-1B 7th-Year), Another Emplyer B has filed for my I-485.

My Current H-1B is expiring in October 2007.

I am about to file for I-485 with Employer B.

1. After Filing I-485,Can I start working with Employer B, without get EAD. ?
unless you do H1 transfer you have to wait for EAD
2. Do I still have to file for H-1B Extension with Employer A. ?
If you want to keep working for A , yes you do need to extend
3. How long Do I have wait, before I start working with Employer B after filling I-485.
No such wait rule, you have to have H1 tranferred to this employer or use EAD
4. I already filed I-140 back in Feb 2007, which is still pending.
since I already filed for I-140 and now I am about to file I-185,
Can I claim for Concurrent Filling for I-140/I-485 using I-140 Application Date ?
Since you I-140 is still pending this will be concurrent filing


Thanks in Advance


Immqry

..
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  #3 (permalink)  
Old 07-31-2007, 03:45 PM
Member
Priority Date
:
Apr-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: May 2006
Posts: 32
Immqry has a spectacular aura about Immqry has a spectacular aura about Immqry has a spectacular aura about
Default 6 Months of I-485 Rule

Hi waitin_toolong,

Thanks for your reply.

Is there any rule, Even if we don't get EAD after 6 Months of filling of I-485, then we can change employer ?


If I transfer H-1 to employer B, Do they have to pay same salary as shown
on labor cert. or it can be less ?



Thanks once again

Immqry
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  #4 (permalink)  
Old 07-31-2007, 04:20 PM
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Join Date: May 2007
Posts: 328
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yeah you can use H1 transfer.

salary issue is a little difficult as ability to pay might come into question. If The job that you do before approval is same as the one on Labor cert then why not be paid the same amount
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