iimmigrant
Registered Users (C)
Hi,
Me and my spouse work for the same employer, both on h1-B visa.
The lawyer of our employer has, last year recommended to him that I'd be a beneficiary on my spouses GC application and therefore eligible to continue to work - removing the need to start a separate GC process.
My spouse has received LC in September and my 6th year h1-B was also renewed in September. We were not aware of any potential problems since the attorney assured us last year that they were expecting to receive LC approval by Sept/07 and after filing I-485, my spouse would be able to continue on h1-B, while I could apply for and receive EAD within 90 days (~December 2007).
I weren't aware of August visa allocation cut-off, before just a few days ago. Today the lawyer informed us of the fact that my spouse cannot file I-485 until the freeze is over. While she will be able to extend her H1-B (based on LC being filed > 365 days prior to her 5th year H1-B extension), I will be forced to change status to H4 in Sept 2008, if the I-485 filing freeze is not over. I feel extremely let down by the lawyer, who should have anticipated the problem in August and offered an alternative for my employer to start a separate GC process by starting LC, before my 5th year H1-B was over.
What are my choices for the best chance to keep my work permit status after my 6th year H1-B is over? A few ideas I was considering:
1. Is it possible to file PERM LC and be eligible for 7th year H1-B, or obtain EAD?
2. What if the LC process is started less then 365 days of 6th year expiration? Will I just have a small gap after 6th extension on H4, or is it over for me to think about GC process?
3. Can moving employers change my situation (for the better)?
I would appreciate any help/suggestions
Me and my spouse work for the same employer, both on h1-B visa.
The lawyer of our employer has, last year recommended to him that I'd be a beneficiary on my spouses GC application and therefore eligible to continue to work - removing the need to start a separate GC process.
My spouse has received LC in September and my 6th year h1-B was also renewed in September. We were not aware of any potential problems since the attorney assured us last year that they were expecting to receive LC approval by Sept/07 and after filing I-485, my spouse would be able to continue on h1-B, while I could apply for and receive EAD within 90 days (~December 2007).
I weren't aware of August visa allocation cut-off, before just a few days ago. Today the lawyer informed us of the fact that my spouse cannot file I-485 until the freeze is over. While she will be able to extend her H1-B (based on LC being filed > 365 days prior to her 5th year H1-B extension), I will be forced to change status to H4 in Sept 2008, if the I-485 filing freeze is not over. I feel extremely let down by the lawyer, who should have anticipated the problem in August and offered an alternative for my employer to start a separate GC process by starting LC, before my 5th year H1-B was over.
What are my choices for the best chance to keep my work permit status after my 6th year H1-B is over? A few ideas I was considering:
1. Is it possible to file PERM LC and be eligible for 7th year H1-B, or obtain EAD?
2. What if the LC process is started less then 365 days of 6th year expiration? Will I just have a small gap after 6th extension on H4, or is it over for me to think about GC process?
3. Can moving employers change my situation (for the better)?
I would appreciate any help/suggestions
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