Changing employer and applying for 7th year extension

[dudewheresmycar]

Hi ,

Thanks for this great forum.


I have been on H1B for 6 years.

I was working for Employer A and have had a approved labor and an approved I140 from a previous employer about 3 years back.
I did not continue the Green Card process because protability was not in affect when i left company B.

I joined Company B and have a labor in process for almost a year.

Now i am nearing the end of 6 years period and want to join company C.


My Labor with company A might have been used up for some one else.
Labor with Company B is likely to be cancelled the moment i leave the company.

I have 2 questions
1>
Can i get a 7th year extension under the circumstances.

2>
Is there any way i can file for 485 on my own against my old i140.

Thanks in advance
Kevin

 

[ginnu]

Hi ,

Thanks for this great forum.


I have been on H1B for 6 years.

I was working for Employer A and have had a approved labor and an approved I140 from a previous employer about 3 years back.
I did not continue the Green Card process because protability was not in affect when i left company B.

I joined Company B and have a labor in process for almost a year.

Now i am nearing the end of 6 years period and want to join company C.


My Labor with company A might have been used up for some one else.
Labor with Company B is likely to be cancelled the moment i leave the company.

I have 2 questions
1>
Can i get a 7th year extension under the circumstances.

2>
Is there any way i can file for 485 on my own against my old i140.
--------- first check Online status what it shows for your I-140 approval and take the print out.
if it still shows I-140 approved AND you have I-140 approval notice or I-140 filing reciept then file I-485, EAD AP,with copy of I-140 filing or copy of I-140 approval. no need of past employer letter no need to tell your friends or past employer or new employer. submit the I-485, once I-485 pending hits 180 days then send new employer Letter to use AC21
the day you get I-485 filing reciept file 7th year H1 based on pending I-485. many have done it.
Thanks in advance
Kevin

 

[dudewheresmycar]

Thanks for your reply ginnu.

What about just getting H1B extension.

I am going to get married in december so i cannot do the 485 thing right away.

My H1B runs out Aug 11th (6 years) and i am going to be laid off 2 weeks from now, but i might have an employer who would hire me with in the next 2-3 days.

So is it possible for the new employer to get the 7th year extension based on one of my labors and/or i140..

Thanks
Kevin

 

[ginnu]

Thanks for your reply ginnu.

What about just getting H1B extension.

I am going to get married in december so i cannot do the 485 thing right away.
---why cant file the I-485? you can be on H1 and aos pending at the same time, once get I-485 filing reciept file 7th year H1
My H1B runs out Aug 11th (6 years) and i am going to be laid off 2 weeks from now, but i might have an employer who would hire me with in the next 2-3 days.

So is it possible for the new employer to get the 7th year extension based on one of my labors and/or i140..
-----No becase nothing is pending for you, Lc is also approved I-140 is also approved, your only option is to file I-485 then after you get filing reciept file for 7th year H1 based on pending I-485. others may guide you if you have any other option
Thanks
Kevin

 

[dudewheresmycar]

Hi Ginnu

Thanks for your replies.

My approved I140 is 3 years old and from Employer A (My previous emp)

1>
So if i do decide to file I485 then can i use payslips from employer B.

2>
Since my Labor assosiated with I140 has been used up will it affect my process in any way in the latter stages.

Navin

 

[ginnu]

Hi Ginnu

Thanks for your replies.

My approved I140 is 3 years old and from Employer A (My previous emp)
--------NOt a problem if I-140 approved 2 years back or 3 years back, check online status if it shows APPROVED then take the next step
1>
So if i do decide to file I485 then can i use payslips from employer B.
------ Dont attach any Pay stubs from B when you file I-485, pay stubs are NOT needed with I-485
2>
Since my Labor assosiated with I140 has been used up will it affect my process in any way in the latter stages.
------ here is the trick, you are NOT going to make the base of LC for 7th year H1 extension, you will file I-485 WITHOUT ANY employer letter of A or B, once you get I-485 filing reciept use the copy of I-485 pending reciept for 7th year H1 extension, in this scinero you are not asking 7th year on base of LC but on base of pending I-485, once the 7th year H1 is approved and even if I-485 gets denied later your 7th year H1 is valid.
** the trik is that dont attach any employer letter with I-485 and USCIS is not going to check it if it is missing they will cash the fee check and will send you a reciept of I-485 filing. once I-485 hits 180 days you are free to use AC21( rember till that time I-140 should not be REVOKED)
Once pending I-485 hits 180 days you can use AC21 and can send New employer job offer letter and your Intent change letter, so the I-485 file will be having new employer letter when the USCIS takes the final step for approval of I-485, no need to inform your friends or past company the employer can Revoke the approved I-140 any time before your I-485 hits 180 days
Navin

 

[dudewheresmycar]

Wow you are extremenly knowledgeble on this subject.

Once i apply for I485 what are my options for adding my would be wife to the GC process.

Lets say i file for 485 and leave the country without a job , can i get a EAD and get back after 180 days of applying for 485


Kevin

 

[ginnu]

Wow you are extremenly knowledgeble on this subject.
--- who told you? dear ,i dont have "knowlege"
Once i apply for I485 what are my options for adding my would be wife to the GC process.
---you need to bring your wife on H4 any time BEFORE the I-485 gets approved, once she reach US, file her I-485 with your I-485 filing reciept copy and her I-485 will be attached to your pending I-485 file

Lets say i file for 485 and leave the country without a job ,
---once I-485 is filed you will get I-485 filing reciept, even if you dont work for few months it does not matter, but before the I-485 approval you should be working, when you file I-485 file EAD and AP at same time, you will get EAD AP approved in 2-4 months time. if you want to enter on H1 and has H1 Visa stamp no need of AP, remember if you want to use AP for reentry then AP has to be approved and should be in your hands before you depart US
can i get a EAD and get back after 180 days of applying for 485
---- you can get EAD, but being out of US without job for 180 days is not good


Kevin

 

[dudewheresmycar]

Hi Ginnu

Well i personally think u are very well informed about the whole process.
But well the more i think about it the more questions i get , I hope u can help me.

Considering

##My H1B stamping ends Aug 11th (also my I94) and so does my 6 year period and also i am going to be laid off in 1 week.

##I cannot find a new job based on H1b due to my visa situation

I have the following questions
1>
Won't i be out of status even if i file for I485 , EAD and AP and continue to remain in the country with out a job becuase it will atleast take 4 months for EAD.


2>
Is there any way the above process can be done from outside the country to avoid going out of status.

3>
Do i need any employer verication for EAD and AP.

4>
How do i find out if my labor has been reapplied to someone else by my old company.

And will my case get approved if something like that has happened.

5>
Can i apply for the process at any of the processing centers , selecting one that takes the longest so i can bring my wife over.

Thanks In Advance
"Kevin"

 

[ginnu]

Hi Ginnu

Well i personally think u are very well informed about the whole process.
But well the more i think about it the more questions i get , I hope u can help me.

Considering

##My H1B stamping ends Aug 11th (also my I94) and so does my 6 year period and also i am going to be laid off in 1 week.
------file the I-485, EAD AP ASAP, once you get I-485 filing reciept you have no problem your status will be AOS pending till the time I-485 is approved or denied
##I cannot find a new job based on H1b due to my visa situation
---- no problem if you find I-485, with pending I-485 you can be without job for few months
I have the following questions
1>
Won't i be out of status even if i file for I485 , EAD and AP and continue to remain in the country with out a job becuase it will atleast take 4 months for EAD.
---- once I-485 filed and you get reciept in 10-15 days you will be in Adjustment of pending status, but for work you need valid EAD or valid H1, if you want to remain on H1 and AOS pending at the same time then find employer before your I-94 expires and file 7th year H1 with new employer and that is only possible if you file I-485 , EAD AP ASAP becase you will need I-485 filing reciept to file or transfer 7th year H1



2>
Is there any way the above process can be done from outside the country to avoid going out of status.
---I-485 can only be filed in US and BEFORE your I-94 gets expired
3>
Do i need any employer verication for EAD and AP.
----NO
4>
How do i find out if my labor has been reapplied to someone else by my old company.
------ I dont know, take a chance becase you have I-140 approved
And will my case get approved if something like that has happened.
----May be if I-140 is not revoked AND I-485 pending hits 180 days and you find future job in same.similar job duties
5>
Can i apply for the process at any of the processing centers , selecting one that takes the longest so i can bring my wife over.
------ under the service center where you reside, you cant shop , FYI I-485 will not be approved in 1 year ( it is my guess)
----- if you have more questions please go to good lawyer and seek legal advice.
Thanks In Advance
"Kevin"