Can I file I-485 ? 6 years H1 B expiring in December, 2002

Tennessee

Registered Users (C)
Hello,

I worked with company A and they sponsored my green card until I-140.

Later, I joined company B and now they have applied for my Labor certification too. It got stuck under AC21 since last 8 months. (eb2-rir).

Question 1 : Can I ask my previous employer to continue my I-485 process based on future employment ? I want to file regular. (not consular processing)

Question 2: Can I continue my Green card thru caompany B and in case evrything works pretty fast, can I appy Consular processing at 485 level ?

Appreciate your replies.

Thanks All.
 
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Question 1 : Can I ask my previous employer to continue my I-485 process based on future employment ? I want to file regular. (not consular processing)
Assuming I-140 is not revoked, Yes, in theory. However, if you get a RFE, you need to have a good lawyer and your previous employer\'s strong support. Your employer need to back you up with evidence the company is willing/capable to hire you once GC is approved. That means risk.

Question 2: Can I continue my Green card thru caompany B and in case evrything works pretty fast, can I appy Consular processing at 485 level ?
Yes, of course, But at I485 stage, you can only have one petition pending.
 
Additional comments...

1. If the employer is agreeable and considerate you\'ll not get a RFE just because you are currently working for somebody else.

2. To pursue CP and to be in US you have to maintain some other valid status here. With H1 expiring in Dec 2002, it will be a little close call.

However you can have 2 petitions pending from 2 employers with INS for your GC at the adjustment/CP stage AS LONG AS both are not CP or 485. i.e. you should pursue 485 on one and CP on another.

Your plan is perfect and has got all the contingencies covered. so go ahead.
 
You can get H1 extended by another year

You can get your H1 extended by another year, I did mine last year.
I think you have to meet certain criteria though, either an advanced degree from US or 5 years work experience. But it can be done, in the meantime, hopefully, you will have your EAD etc.

As far as the GC issues are concerned, the folks before me have addressed you concerns pretty well.

Good luck.
 
Previous employer willing to file 485; Wife pregnant; Vaccinations ???

My previous employer A is willing to file my 485 though I left the company after I140. But the problem is, my wife is pregnent and she cannot have any vaccinations now that are required for filing 485. She already had MMR vaccination and hepatitis B while she was on F1 visa (an year back) etc but the question is, does she have to have the other required vaccinations.....if not...what is the alternative ? Her due date is September 29th, 2002.
Any help is greatly apprecaited.

Thanks
 
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