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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 02-05-2008, 03:43 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
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Join Date: Oct 2007
Posts: 64
watzgc is on a distinguished road
Question not interested in GC, would like to change the employer

Dear Friends,

Here is my situation, I have got my

I-485 Receipts
FP -> Done
AP -> Received for my family and myself
I14 -> under processing

and H1B extension on the way (H1B - the 'X' company who applied I485 for me)

Now, I got offer from company 'Y' and would like to join them without bothering GC/I485 aproval etc.
(anyhow it will take ages to get it..!!??)

my questions are,

1. I-485 will be abandoned ?
2. if I get H1B transfer approved for company 'Y' and can just continue to work for 'Y' and get stamping when I go to India ?.
3. what are complications in this situation ?.



Kindly let me know the answers if any of you , having/had same similar experience.

Thanks a lot.

Regards,
watzgc
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  #2 (permalink)  
Old 02-05-2008, 04:22 PM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Oct 2007
Posts: 64
watzgc is on a distinguished road
Default

Gurus, any updates?. thank u.
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  #3 (permalink)  
Old 02-05-2008, 06:47 PM
Senior Member
Priority Date
:
Jun-03
Category
:
EB3
I140 Mailed Date
:
10/22/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/12/2007
Compare
Join Date: Apr 2006
Posts: 1,624
amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute amitjoey has a reputation beyond repute
Default

Firstly, one needs a little more detail like what is your PD and category. How many years you have on your H1 (Most important). What is your plan for the future? Why do you want to abandon the GC process? since you can use AC21? and work for 'Y'. Is it that you have a 2007 PD, and it doesnt matter?. Then in which case if you want to extend your H1 beyond 6 years, Do you have sufficient time left on H1 to file Labor thru Company 'Y' and pass 365 days. Will Company Y sponsor GC?

But technically, there is no relation between GC and H1, You can abandon GC with 'X' and just transfer h1 and work with 'Y'. But why would you do that if you want to stay longer here? Would you not wait for I-140 Approval from 'X' since you will pass 180 days anytime now (my guess).

Last edited by amitjoey; 02-05-2008 at 06:53 PM.
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  #4 (permalink)  
Old 02-06-2008, 03:12 AM
Member
Priority Date
:
Mar-05
Category
:
EB3
I140 Mailed Date
:
04/10/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Oct 2007
Posts: 64
watzgc is on a distinguished road
Default Thanks amit

Thanks Amit.
I have another 3 yrs left my current h1b. Yes, I passed 180 days but still waiting for I140 approval.
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