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Theoretically, you should be working for the employer filing for your GC after you get the GC. It shouldn't matter if you are currently working for that employer.

When was your PERM filed? As far as I know, the rule is that your GC process should be at least 365 days old and some phase of it must be pending with Labor Dept. or INS for you to qualify for an extension. I am not sure if PERM has different rules but that's what used to apply for a regular...

To my knowledge, INS does not consider 4 years part time employment to be equivalent to 2 years full time employment. I think your major problem is going to be proving that you have the required 3 years of experience. I am also as puzzled as Arthur2K as to why you put MS+3 in your PERM filing...

I don't think a rejection on 485 or 140 has any effect on your regular valid visa like F1 and H1. Otherwise, I should have been out of this country for quite a while now.

I got extension for only one year, with a pending I-140. My labor was 4 years old. Of course, your GC process (starting with the labor petition) must be at least one year old to qualify for any extension.

I believe there is 15 month expiration on finger prints taken for GC purpose by USCIS. In my case, it was less than an year when I went for second finger printing (because of refiling 485). First time we had code 3 but second time it was code 2. Second time they took the print of just the...

Technically, all the documents that need to be submitted for I-485 come from you only, except for a copy of I-140 approval notice. So the involvement from your employer would be very minimal. But I advise you to keep the blessings of your employer when you file your 485, in case there is any...

Except for the fact that one has numerous clearly defined ways to fight I-485 rejection, prolonging their stay in this country. Few options would be an MTR, appeals court, law suit against USCIS etc. Whereas, I am not clear whether one can work on an EAD that was based on a 485 that is now...

When does your would-be wife's F1 expire? If she is going to be actively enrolled in school till your 485 get's approved, no need to change to H4. You can apply for dependent status for her on your 485 (of course, with the necessary ammendment paperwork) mentioning that she is on F1 currently...

Or working for your current employer without filing for H1B extension, if it has expired. As long as you keep your H1B status alive by applying for extensions (even beyond 6 years), you will be considered to be on non-immigrant visa even if you have an approved and valid EAD.

Make sure that the stamp in your passport is un-expired. Assuming that you are on H1B visa... just having a H1B approval notice with you does not give you the right to re-enter. If the visa stamp in your passport has expired, but you have a valid H1B approval notice, then appear at a US...

Just to give the benefit of doubt to your employer, could it be that they have sent the wrong labor certification with your I-140 by mistake? In that case, ask your employer to correct the mistake by filing for a new I-140 (I'd recommend a new filing rather than opening an MTR etc., unless there...

If you are serious about being in US for a while, get the extension on H1B. Once you move to EAD, if for any reason your 485 petition gets rejected, this is how it goes: * When you are on EAD, you are considered to be on an immigrant visa. * While you are within US, you may change your...

You may get an H1B extension based on your current approved labor and pending I-140. But the H1B extension filing must be done by your new employer, not your current one, if you want to change job. Even if you get an extension through the current employer, as soon as you change job, that H1B is...

I think the 'visa unavailable' phrase in the original post is a bit confusing. If you are talking about H1B visas not available, since your's would be an extension, those caps do not apply to you. If you are talking about 'Visa number not available' in the GC context, the dates in Visa...

I don't think I-140 could be reused... BUT The labor certification that formed the basis of the withdrawn I-140 could be reused for another candidate, provided the new candidate satisfies the requirements (education, experience, skillset etc.) listed on the labor petition. I am not aware of...

I am not sure if there are any rules from USCIS regarding what sort of companies may apply for a GC for its employees. I guess your attorney would know such basic rules but don't count on them completely unless it some someone of Rajiv Khanna's calibre in going through laws meticulously. If...

As far as I know, this is not true. First things first. Your current employer is processing your GC so that they could employ you in the future. Your current employment has nothing to do with it. As long as your current employer has no problem in keeping the process alive (they finished all...