In that case opt for consular processing. New employer when they file H1B have them check under I-129 Q.4 a Notify the office. By following this approach you can have H1B approved & attend consular interview get H1B stamp & re-enter USA based on new employer's H-1B
Effective 01/01/2021 USCIS/DOS is no more allowing to file I-485's based on date of filing. It has to be based on Final Action Date. I believe this might help you in your understanding to file I-485 for your spouse should the need be. This is in regards with employment based I-485 filing.
OK. So if I-539 was timely filed, he or she will be under period of authorized stay until it is adjudicated from US attorney general . I believe you are OK to file I-485 without having the need of invoking 245K
From whatever you wrote I believe this is an harmless error. At time of I-140 filing include short note about employer name correction. You should be fine.
I believe you should utilize window of opportunity. Your employer can filed downgraded EB3 & that entitles you and your spouse & dependent kid to file I-485
Try to get birth certificate under correct name from local authority if not non-availability certificate along with 2 affidavits 1 from your dad's side and another from your mom side & include nickname in I-485 under also known as
Your priority should be to file EB2 I-485 & then file downgrade Eb3 I-140. Going forward if in future month EB3 is current you can request USCIS interlinking pending I-485 to Eb3 if it is favorable.
What matters are job duties as long as they are same or similar they should be fine. You don't need to reapply I-485. You can do interlinking meaning notifying USCIS to tie up your new I-140 to existing I-485.
You don't need to file new PERM & I-140. I believe you will be called for Employment based personal interview at that time you provide them I-485 supplement J from new employer. You should be fine as long as new job is same or similar occupation in nature.
You can utilize AC21 & switch employer. No need to go through new PERM or I-140. When you will be called for I-1485 interview take with you new I-485 Supplement J from new employer.
If employer has revoked previously filed & approved I-140, a new PERM & I-140 has to be redone and of course you can port oldest filed priority date for new I-140
When amendment petition is filed employer is require to provide bona fide job is available until original I-94 validity. If for some reason you cannot demonstrate job is available until original I-94 validity USCIS might knock off earlier approval period to a new reduced period. So short answer...
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