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...
Your employer needs to show there is bona fide job available until full validity of H-1B extension period. Based on what you wrote I believe USCIS might approve H1B duration until Jan 30th 2020 & of course new amendment plus extension has to filed immediately. I strongly recommend upgrade to...
5 Yes 4
6 No
7 No. (This question pertains to immigrant petition NOT H-1B petition)
8. Yes
8a No
8b No
9. Yes
Keep in mind your previous petition was rejected NOT denied therefore answers are what they are.
Intended employment start date has to be 10/01.
Yes, placement of employment should have client's name, address. Secondary location can be head office & 3rd location employee home address
When you file I-129, make sure you have MSA/PO for all H1B duration until its end date
Q 1. Correct
Q 2 You will leave it blank unless some petition was filed with USCIS on behalf of this individual in past & you are trying to reference that petition as maintenance of status. If initial TN was granted to this individual I believe there was no I-129 filed so therefore you will...
Yes, you have to step out of the country get H-1B visa stamped & re-enter on H1B. This is applicable only when employer clearly marked consular processing and in this circumstances you can choose to go for visa stamping at your own time since this is consular processing & USCIS is not changing...
Let me answer however best I can
If H-1B is approved from employer B, it can be transferred to employer A while you work for that same employer A on L1B, keep in mind employer A has to file new employment H-1B petition NOT subject to quota. The earliest date you can start working on H-1B is...
Employer B can file H-1B petition new employment & request for consular processing not subject to quota based on employer A's approved I-140. I believe it should be fine even if employer A withdraws approved I-140 since 180 days has passed after its approval.
Your only hope is some positive I-485 interview outcome or try her luck for B1/B2 using these circumstances as her defense i.e. she has to leave country to avoid kid being harmed & be separated from spouse (you) etc. Again this is pure luck.
Unfortunately 204 (I) gives relief to I-140 approval situation & it is silent regarding H1B's principal applicant's death. I-140 & 485 filing is totally different from H1B/H4 statuses. Unfortunately upon principal's H-1B's death, spouse has to move to other status or leave country.
Technically you con continue to work as long as I-485 remains pending and you renew EAD. Now it depends on outcome of your I-485 interview. if they deny I-485 then either you might have to re-instate H-1B or switch to some other status or leave country.
Do you think your wife can approach for B1/B2 interview in Nepal US consulate & state all facts see if they would grant her visa. May be on humanitarian ground they might consider granting visa since family is separated & she was not allowed to board flight at no fault of hers.
Meaning you had an H-1B in the past & employer filed labor certification after it approval simultaneously filed I-140 & 485 now since 180 days after I-485 pending you invoked AC21 and switch to different employer correct ?
Your employer needs to file I-824 to move approved I-140 to NVC. You need to clearly indicate to which US consulate approved I-140 needs to be moved to for consular interview processing. Current I-824 processing times range from 7-11 months.
Under what status you are currently working ? What is...
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