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Your new employer should file h-1b marking new employment selecting consular process and include previous h-1b approval notice.

When you filed I-130 did you mark as consular processing ?

What is the basis of your I-130 filing ? Is it immediate relative or other category

OK good

@sandeep007 Are Canadian PR's eligible for TD visa ? Is she not suppose to get visa stamp on her passport to enter US since she is not Canadian citizen yet.

@shevas You need to find new job to work on either TN or H-1B. Keep in mind your new employer needs to REFILE new PERM & I-140 and port priority date and you will file I-485 whenever priority date becomes current.

@optimistic1 After I-485 filed and remains pending, you can switch to new employer based on I-485 EAD under AC21 portability provisions & without having need to re-file PERM & I-140. You need to provide I-485 Supplement J form from new employer should USCIS asks for, otherwise you are good and...

Once you file I-485 you are not required to any maintain any other status. I am assuming you are maintaining H-1b status. In that case derivatives are entitled to H4 status. As long as you maintain H-1B they maintains H-4. There is an exception for H & L nonimmigrants to maintain H or L Status &...

@Balaji P Request your employer to initiate USCIS e-Request.

@ghosst485 Wait until USCIS sends I-485 RFE to confirm I-140 job availability, and then you submit I-485 supplement J confirming job with original I-140 employer or switched employer. There is no obligation to proactively submit supplement J whenever you switch employers.

No. USCIS goes with idea of 16 years of education to be equivalent to US bachelors. 16 years of education should be academically equivalent to each other. Substitution of work experience is not acceptable get equivalency for I-140 purpose. Work experience substitution approach is acceptable for...

@Arpit27 Your employer can file h1b petition with consular processing. Key part is there should be bona fide h-1b job available for you to start at some future date though.

@satkumar99 Its difficult to get EB2 approval for 3 years degree. 3 Year degree would not equate to US bachelors, therefore any EB-3 positions that would require associate degree might work for you.

Check to see your h-1b approval notice. If there is I-94 on bottom right that means your status might be changing to h1b effective 10/01. In that case you need to get h-1b visa stamp to re-enter. If there is no I-94, then your h-1b is approved and h1b status is not kicked in effective 10/01. In...

Under all circumstances there should be bonafide job available you for to accept. Except in cases of future COS it's like you would start working at a future date.

File re-entry permit before she leaves US. After completing biometrics she can depart.

You can go for consular processing for profit h-1b and change of status from f1 to h1-1b on non profit h-1b.

I believe issuer of 1099 corrected from 1099-NEC to 1099-MISC. If this issue comes up, explain to USCIS. I don't think prize $ should have gone to Sch C. It should have simply other income not subject to SS taxes. May be you should file amended 1040 to fix this.

Technically pending I-485 is deciding factor for AC21 not EAD.

@Tnstatus1111 If you are willing to take salary cut discuss with your employer if they would continue your employment. For you to take benefit of employer switch AC21, I-485 should remain pending for 180 days or more.