Complex E2-H1B mix - SO MANY FORMS!


I have a question about my employee for whom I am filing for a GC/EB2.

He's on a H1B, expiring in Aug '18. He still has three years of his H1B, therefore I have requested a Prevailing Wage so as to extend his H1B while his EB2 is being processed.

The PERM should arrive at the beginning of August. We plan to file concurrently I-140 and I-485, expediting the I-140.

In order, the forms we plan to file for him:

I-129, I-907, I-539 (for his spouse), to renew his H1B/H4 (as soon as the PWD comes back).

Once we get the PERM:

I-140, I-907

I-485 (for my employee), I-485 (for his spouse), I-130 (for his spouse), I-693 (for my employee), I-693 (for his spouse)

I-765 (for my employee), I-765 (for his spouse)

They don't need I-131 since they're covered under the new H1B/H4, and once the I-140 is processed, they can travel with the I-485 pending, correct?

Please let me know if I am forgetting something!

Thanks, hope I was clear enough.



Registered Users (C)
Without delving into the deep here, what stands out to me is your other February thread where you stated having an attorney. I for one would heed the advice of a presumably paid, competent, immigration attorney over what I see on a public forum.

That being said, I'm sure you've checked if the visa availability date for your employee's country of chargeability is current for EB2?
Thanks for the reply.

We're using an attorney who is working for us pro-bono, since we are a no profit organization and could not possibly afford the process otherwise. So I just double check everything before telling my ED what we're doing. I just want to make sure we're doing everything for my employee, and that I don't forget anything on my side or tell my employee something incorrect. Hence my seeking advice here. :)

Yes, the date is current for his country.