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

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  #16 (permalink)  
Old 10-07-2011, 09:52 AM
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Default Why Take a chance?

Quote:
Originally Posted by almost there View Post
Hi All,

My H1 expires Nov 2, 2011 and I was planning to file for H-4 status after that and wait for my wife's PD (07/25/2007) to become current to join as a dependent.
My wife's PD is current in Nov Bulletin. My Lawyer suggested that if we make sure the application reaches on Nov 1st, then I will not have to file for h-4 status as I will be under the 'Pending 485' status. I should be fine under the 245k rule and the time period between 485 filing and receipt received is still considered legal presence under 245k rule.

I just want some suggestions from experienced people on this forum if this is fine?

Thanks,
Almost There.
Why take a chance file for COS to H4 and when you receive EAD you can start working.
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  #17 (permalink)  
Old 10-07-2011, 09:58 AM
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almost there is on a distinguished road
Default Why take a chance?

Thanks Veni001. Appreciate your response.I think I will do that.
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  #18 (permalink)  
Old 10-07-2011, 10:28 AM
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Default

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Originally Posted by almost there View Post
Thanks Veni001. Appreciate your response.I think I will do that.
But you have to stop working untill you get EAD right?
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  #19 (permalink)  
Old 10-07-2011, 10:48 AM
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Default

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Originally Posted by VinB View Post
Hi All,

CONGRATULATIONS TO ALL WHOSE PD WILL BE CURRENT IN NOV. To the rest, I am sure your dates will be become current soon too!

I appreciate your time in helping me out by answering my questions..
Here is my situation:
1. have an approved I-140; PD is Sept 2007; Hi valid until march 2013.
2. Company I work for has filed for bankruptcy; however I am still employed by the company. probably another 3-4 months.

Questions:
1. Would I be able to file for 1-485 with current company? I am told an offer letter needs to be submitted.
2. Two options...which one should I follow:
a. File I-485 with current company, look for a new job and then change companies when I get a new job
b. Find a new job by Nov 1st and then file I 485 with new company.

My PERM was approved as an engineer but I was promoted into management by never did a new LC. Would this become an issue if my new job was in management?

Thank you again for your help!!!
I'm in the same boat as you. My PD is Oct 2007, however i moved to a different position/title last year and my current H1B is valid till March 2013. From what i understand, we will not be able to file 485, unless we have an offer letter with the old job title. Moving to a different organization, would mean that we go through the whole process, from LC-140-485, but using the old PD.

Now, i have a question; Would we be able to extend our H1B by 3 years, in case we don't file for a 485? Thanks for anyone who could provide some input.
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  #20 (permalink)  
Old 10-07-2011, 11:43 AM
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Default

My PD is 2nd Nv 2007. Feels so near yet so far.Hope it gets current for me next month....
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  #21 (permalink)  
Old 10-07-2011, 12:55 PM
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Oct-05
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Default Not True

Quote:
Originally Posted by chikna View Post
Experience is fine but education is an issue (3 year degree).
Chikna,
How you know my education is an issue?. I hold a doctorate as well as a Master's Degree but in a different area of my present work. The fault is with the Attorney who refused to do the process on EB2. So, don't assume and answer for others, thinking about yourself.
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  #22 (permalink)  
Old 10-07-2011, 01:39 PM
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Default

Quote:
Originally Posted by Saralayar View Post
Chikna,
How you know my education is an issue?. I hold a doctorate as well as a Master's Degree but in a different area of my present work. The fault is with the Attorney who refused to do the process on EB2. So, don't assume and answer for others, thinking about yourself.

Change your job , and start working in the field of your doctorate .. You may even be eligible for EB1.

Legally having a doctorate in any area (other than what your job required), should not help you .
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  #23 (permalink)  
Old 10-07-2011, 01:41 PM
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delhiguy has a spectacular aura about delhiguy has a spectacular aura about
Default

Quote:
Originally Posted by EBpipeline View Post
My PD is 2nd Nv 2007. Feels so near yet so far.Hope it gets current for me next month....
:-)
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  #24 (permalink)  
Old 10-08-2011, 05:31 PM
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Desigun,

Thanks for your reply! The interesting part is that I did not file a new PERM after the promotion. I just did not officially change my title but just got $$ raise. So from your email, it seems like if I get a new job in management, a new PERM will be required.
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