A friend of mine is in a desperate situation. His H-1B 6-year limit
expires in about 6 weeks. His EB2 I-140 was approved a while back,
but before he could apply for his I-485, the company we work for was
spun-off. Now, the company lawyer insists that they have to wait for
the approval of a new I-140 with the new company name, before they
can file the I-485 for him. He can apply for the 1-year extension
of H-1B beyond the 6-year limit, but I read somewhere that you can
use the receipt from an amended I-140 filing and apply for I-485.
Has anyone done this ?
With the mailroom delays at VSC, my friend is worried that he may not
get the H-1B extension receipt in time. Our company has also announced
lay-offs recently, and it would seem that an EAD would be better to
have if you happen to lose your job, than a H-1B extension (which
is tied to a GC application and therefore not portable).
I appreciate any help anyone can provide on this. Thanks in advance.
expires in about 6 weeks. His EB2 I-140 was approved a while back,
but before he could apply for his I-485, the company we work for was
spun-off. Now, the company lawyer insists that they have to wait for
the approval of a new I-140 with the new company name, before they
can file the I-485 for him. He can apply for the 1-year extension
of H-1B beyond the 6-year limit, but I read somewhere that you can
use the receipt from an amended I-140 filing and apply for I-485.
Has anyone done this ?
With the mailroom delays at VSC, my friend is worried that he may not
get the H-1B extension receipt in time. Our company has also announced
lay-offs recently, and it would seem that an EAD would be better to
have if you happen to lose your job, than a H-1B extension (which
is tied to a GC application and therefore not portable).
I appreciate any help anyone can provide on this. Thanks in advance.