Changing from H1 to H1 - Six years period is expiring by December2004

Q

QuestionResolve

New Member
Hi Folks,

I am on H1 and my six years period is expiring by December 2004.

My Desee employer has applied for my Labor. State labor got approved and expecting Federal Labor by the end of May 2004.

I got a full-time offer with a client and they are asking me to join within one month. I told them that I have an approved labor and it is in I-140 and 485 stage.

Question is: If the client agrees for my H1 sponsor, what could be the consequences against the federal labor which is under processing?

Can I file my I-140 and 485 with my current employer while working with the new client? How should proceed further?


I badly need job since I have family and 'am on bench for the past three months.

Please, please advise.....

Thanks,
QuestionResolve
 
You definitely can file for I-140 and I-485 from your current employer after joining your client, provided your employer wants to continue the process.

Later on once you have I-140 approved and you are more than 180 days pending for I-485 you can change the GC process to your client by using AC-21 or you can keep it with your GC sponsoring employer.
 
Originally posted by QuestionResolve
Hi Folks,

I am on H1 and my six years period is expiring by December 2004.

My Desee employer has applied for my Labor. State labor got approved and expecting Federal Labor by the end of May 2004.

I got a full-time offer with a client and they are asking me to join within one month. I told them that I have an approved labor and it is in I-140 and 485 stage.

Question is: If the client agrees for my H1 sponsor, what could be the consequences against the federal labor which is under processing?

Can I file my I-140 and 485 with my current employer while working with the new client? How should proceed further?


I badly need job since I have family and 'am on bench for the past three months.

Please, please advise.....

Thanks,
QuestionResolve
Click to expand...

Please note the downside. The whole thing depends on ur relationship with the current employer. For u to be safe, the current employer has to file for I-140, after that is approved, there should be 6 months [during which ur employer can still revoke ur I-140.] If that happens u will be back to square one.
I don't want to sound pessimistic, but I want u to understand all the consequences before making a decision.
AC-21 can be sucessfully invoked, only 6 months after I-140 has been approved.
 
If I accept full-time offer.......

Thank you both for the opinion expressed.

If I decide to accept the fulltime offer while requesting my current employer for continuation of further process, on what basis should I request my new employer to apply for 7th yr. H1 extension - since my 6 yrs. term will be expiring by Dec'04.

Does it wise to go on EAD with the new employer when I-140 is still under processing - assuming that I have filed both 140 & 485 simultaneously and got the EAD?

At the same time, can I request the new employer in one one region(Vermont) to continue the 140 and other process in other region (Nebraska)?

Thanks
 
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>>Question is: If the client agrees for my H1 sponsor, what could be the consequences against the federal labor which is under processing?

H1 is safe bet always, if your client agrees to process h1, then go for it. You can keep your GC processing from your old employer and work for new employer on h1 . GC is for future employment.

>>Can I file my I-140 and 485 with my current employer while working with the new client? How should proceed further?
Yes you can do that but once GC is approved, you will have to work for old employer otherwise your GC will be considered as fraud.

Since you have very limited time on ur H1, your priority is to clear your federal labor. This is my advise, you might want to consult any lawyer.
 
Re: Re: Changing from H1 to H1 - Six years period is expiring by December2004

Originally posted by OmGV
Please note the downside. The whole thing depends on ur relationship with the current employer. For u to be safe, the current employer has to file for I-140, after that is approved, there should be 6 months [during which ur employer can still revoke ur I-140.] If that happens u will be back to square one.
I don't want to sound pessimistic, but I want u to understand all the consequences before making a decision.
AC-21 can be sucessfully invoked, only 6 months after I-140 has been approved.
Click to expand...


No. One can invoke AC21 after 180 days of filing I-485, provided I-140 is approved. clock starts from the day I-485 is filed
 
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Thanks

Hi friends,

Thanks to you all for accessing this thread and offering your valuable suggestions and opinions. Really they helps me lot.

Still I am looking for more experiences from our other friends.

Regards,
QR
 
Re: Re: Re: Changing from H1 to H1 - Six years period is expiring by December2004

Originally posted by aks999
No. One can invoke AC21 after 180 days of filing I-485, provided I-140 is approved. clock starts from the day I-485 is filed
Click to expand...

It depends upon what do you mean by using AC-21. Joining new emplore or informing CIs. ou can join new employer but it is not safe since we do not know you employer will co-operate with you or not. It is legal but not safe.

If the meaning is informing CIS then you cannot use AC-21.
 
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Re: Re: Re: Re: Changing from H1 to H1 - Six years period is expiring by December2004

Originally posted by tammy2
It depends upon what do you mean by using AC-21. Joining new emplore or informing CIs. ou can join new employer but it is not safe since we do not know you employer will co-operate with you or not. It is legal but not safe.

If the meaning is informing CIS then you cannot use AC-21.
Click to expand...

As far as I understand, AC-21 can be invoked if:

1. I-140 has been approved
2. I-485 is pending for more than 180 days (from the ND).

If you are "legal", then why would you not be able to inform CIS of the change in employers? Why is old employer's cooperation required? As I understand, the old employer cannot revoke an already approved I-140.

Do let me know if I'm missing something. Thanks.
 
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