Can I file for Labour Certification?

G

gc66

Registered Users (C)
Hi,

My husband is I140/I485 pending through EB1, he applied EAD for both of us.

I'm now working on H1, planing to work on EAD when available.

Since the chance of his application being approved is not high, to make things save, I'm also planning to applying greencard through labour certification.

My questions:

1. if I change job and work under EAD, will I be able to apply Labour Certification?

2. My husband is on H1 now, applied through self-petition. If he lost his job, will he be in legal status before he can find another job using EAD?

Thanks.
 
My husband is I140/I485 pending through EB1, he applied EAD for both of us.
----- EB1 is very difficult and they may send RFE for many documents to prove extraordinary ability and will need more evidence
I'm now working on H1, planning to work on EAD when available.
-------------- Better maintain H1 status and don’t use EAD
Since the chance of his application being approved is not high, to make things save, I'm also planning to applying green card through labor certification.

My questions:

1. if I change job and work under EAD, will I be able to apply Labor Certification?
------- Better be on H1 and apply LC because if you use EAD and his I-140 gets denied then EAD, AP I-485 for both of you will be denied and you will not have any status to stay or work in US, if you maintain H1 you have the safety of H1
2. My husband is on H1 now, applied through self-petition. If he lost his job, will he be in legal status before he can find another job using EAD?

--------- he should not depend on EB1 I-140 and should maintain H1 status, if he wants to change employer then he should change with H1 transfer, if he uses EAD he will not be on H1. He should maintain H1 till the time his I-140 gets approved

what is his field for EB1? if it is ARTS then it is easy
 
Thank you ginnu.

I still have something need to clarify:

1. My husband's H1 will be expired (6th year) in 6 month. But since his I140/I485 pending is not over 1 year, he is not qualified for 7th year extension. What will happen if he can't get EAD while H1 expires, Then, he'll not be able to work, but still legal to stay?

2. With I140/I485 pending, can he file another application, such as NIW?

3. If ever i have to work with EAD later (for example: current company laying off, can't find new job to transfer. while H1 cap is reaching) can the new employer sponser me for Labour Certificate to take advantge of PERM?
 
I still have something need to clarify:

1. My husband's H1 will be expired (6th year) in 6 month. But since his I140/I485 pending is not over 1 year, he is not qualified for 7th year extension.

------ He does NOT need I-140 or I-485 pending more than ONE year, if he filed I-140 or I-485 then he is QUALIFIED for 7th year H1 extension, just attach the I-485 filing or I-485 filing receipt with 7th year H1 extension. He can file 7th year H1 extension
What will happen if he can't get EAD while H1 expires, Then, he'll not be able to work, but still legal to stay?
----------- one needs EAD or H1 to work once he files 7th year H1 extension before expiry of his I-94 or H1 status he will be in H1 status as he will get 7th year H1 extension filing reciept
2. With I140/I485 pending, can he file another application, such as NIW?

-------- YES
3. If ever I have to work with EAD later (for example: current company laying off, can't find new job to transfer. while H1 cap is reaching) can the new employer sponsor me for Labor Certificate to take advantage of PERM?
------ Any employer can file your LC even if you are not working with him. GC is for future job. PERM will NOT be easy it has many restrictions, best option join new employer by H1 transfer and H1Transfer case are not under H1B CAP
 
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