Employer B can file h-1b petition not subject to numerical limitation based on previously approved I-140. Once you are in the country have your new employer file PERM & I-140 & recapture old priority date and file I-485.
It possible to process PERM & I-140 while you being on OPT.
Your are eligible for post completion OPT of 12 months and if you are from STEM occupation you are entitled for additional 24 months.
I am assuming you are Indian born therefore I don't think your priority date is not current and...
Walk down to USCBP port of entry where you entered last time. Find out if they can fix or file I-539 change of status to h-4 clearly mentioning incorrect h-1b stamp on your passport & entry into US.
Report this issue to USCIS ombudsman and may be go for lawsuit too. USCIS is definitely incorrect in interpreting priority date porting rules and Jan 2017 memo.
This definitely looks to be an USCIS error. If there is no fraud or misrepresentation involved I believe you should be able to port priority date.
Find out if there were any issues with 1st employer. That could be the only reason I can think of, otherwise you should be able to priority date...
When you filed I-485 you were suppose to have underlying I-140 in approval status either from original petitioner or secondary petitioner if you have moved. If this was not the case I am wondering how you filed I-485 and moreover I-485 supplement J was also suppose to be included with I-485 if...
TN is not dual intent like H-1B visa. You need to hold back not leaving country after you file I-485 until its approval. If you choose to depart country after filing I-485, you could be denied entry back into USA since TN is not dual intent.
@Shikh1003
You have to fix source country document. Contact your home country consulate or embassy in USA to fix it. File application to split your name correctly however it is suppose to be. I believe they go with name as written in your passport.
There is no issue you can file COS at any time. You are entitled to the benefit of exempt from SS or medicare taxes. This might go away when you move from F1 status.
USDOL is currently processing PERM cases from November 2022. You could be very close to Jan 2023. Once her PERM is approved go for I-140 under premium processing and then file H-4 along with H-4 EAD.
@ROHIT666
Schedule h-1b & h4 appointment at Indian US consulate both of you get visa stamped. After you enter US, if your priority date is current file I-485 for your wife
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