A highly complicated case... Please help!!!

[satkic]

Happy New Year to you all. Hope 2005 will be less pain and more joy.

Thanks to all the great people in this forum who give valuable information / advice to ease the pain of the immigration process. My case is a bit complicated and I will try to explain as clearly as I can.

- My current status: Got H1B transfer approved last month, in the 7th year, from company A to company B. Thanks to company A which created a situation where I have no option but to quit at this very critical point of my green card process.
- The labor certification filed for my green card with company A has moved from VA state to the Philadelphia regional center about 5 months back. I don't think company A will continue to process my GC. But they haven't cancelled my labor yet.
- I have a approved I-140 (EB2) back in 2000 from one of my previous employer but never got a chance to file I-485 as the priority date wasn't current back then. The case id still exists as approved in the USCIS online case status service.

My questions are:
(1) I can do the 8th year extension in April 05 for one more year using the pending the labor cert. with company A. Meantime file new labor cert. with company B (using PERM??) and pursue this path to get my green card. The only tricky part is, company B is very small (started in 2004; just 2 consultants; 1 GC holder and me but both are billable; the owner doesn't work). Will this be a problem?
(2) I can go ahead and file I-485/EAD for the old I-140 approval and send the AC-21 letters after 6 months. I have read few cases approved this way. My question is, if the GC is denied in this route, will I lose my status? Of course, I shouldn't use the EAD/Parole and continue the H1B extension/GC as mentioned in (1).
(3) Please refer directly by email if you know any good immigration attorney's n the DC area who are experienced and doesn't charge very high fee. (I have to pay for the whole thing from my pocket!).

I would really appreciate any response.
satkic

 

[satkic]

Thanks ginnu.

While I definitely want to go with the a attorney for filing the labor cert., I want to file the I-485/EAD/FP if it not too difficult. If any of you post their exp. filing on thier own, tips, links to web sites etc.., it would be greatly helpful.

I will keep this forum updated on how it goes.

 

[longduegc_2004]

similar case

my case has some semblance to yours. my 140 got approved from employer A in 2000. since it was eb3 case and priority dates were not current i had quit this company and joined employer B and worked for him till recently and filed for labor through his guy and is still pending in federal state and got layed off. so, i had two options with me then. there was an employer offered to apply subst. labor and the sesond one was my company A. i had talked to company A lawyer about my 140 validity and my lawyer who filed my 140 that time about my validity. the response from company lawyer is he did not remember revoking it and 90 percent sure that he did not do it and the only reason he could have done that was in case he wanted to use my labor for someone else which he did notdo. but lazy enough not to check his system and give me 100 percent answer whereas my personal lawyer told me that there is no way their office know what happenned to my case . ins will come to know the validity only when they open my 485 file which would be some 2 years from now. but still i took the chance and hot ead and adv parole and did not opt for subst labor because those guys really blackmail you. and i did not go for that.

having said all that my lawyer response to my status is

file nth year(really i am inmynth yr on h1) ext through the current employer.
file 480 as well
if needed file ac21 as well , if found that 140 was not valid then resort to perm at that time or call it a day and go back.


i do not know how this helps other than some idea on similar case.