My Question EB3

C

Cheekoo

Registered Users (C)
I used AC21 and moved to Company B. where i am employed on Papers.

I140 revoked by USCIS due to the Lawyer's Screwup. I filled MTR with the help of the sponsoring employer to reinstate I140 and 485. Now its taking a while for such cases to reopen. I am hoping everything will work out well as The new Lawyer who is handling over 90 simmilar cases of the " old Lawyer" assures that this will be a definite approval.


There is another company by desi folks who hire people for H1.

Given the abovw scenario;

Q1, May I apply for H1 in April 06 ? Can I ? as a back up ?
Q2, Will this secure my immigration position , in case, GC is denied ?
 
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You can apply for H1 if
1. If your Labor with A remains approved and not substituted to someone else
2. If you did not use EAD to join company B and considerable time has passed
3. If you are wihin 6 years on H1, you can get a H1 with visa to be issues abroad (or without the I94). You will have to go abroad to get a visa and reenter for this.

Yes, if you get back on H1 and GC is denied, H1 can be used to fall back on. The problem here is that you may not get future extensions beyond 6 years.
 
my situation is.
1, Labor is not reused
2, I used EAD since the begining, due to employment based GC.
3, Never was on H1.

What do you say now ?

BTW .. thanx for your response
 
Looks like you filed for AOS from someother visa. In that case you could get on H1 easily but you will not get a I-94. For your H1 to kick in, you need to get a visa from consulate abroad and enter based on that visa. Only then you will be considered as on H1 status.
 
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