Coplex Situation : Your Suggestion Highly Appreciated.

His wife has a valid non-immigrant status (H4) at this time and she has a willing employer to sponsor her for her own H1b. So, in July she will be able to file COS to h1b. But as her H4 time counts towards the 6 year limit, she will have to find some way to get either a 7th year extension or an EAD before the 2.5 years are up.
If after 2.5 years there is absolutely no way to get either an EAD through her husband or a 7th year extension based on her own LC, she can still sell her soul to the the devil (J1) or take a leave of absence until her papers come through.

Repeat with me:
H1B OR NOT TO BE
H1B OR NOT TO BE
......
 
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Hello Guys,
Sorry for delayed response
I have filed for Labor Certificate yesterday i..e March 24th 2005. I still have 13 months on my H1, if I consider my stay in India for 7 months during this 5.5 years. I got to know this after talking to Lawyer on Monday. In total I have around 13 months for my H1 visa to Expire. So I have applied for LC. As I have applied for LC before my 1 year, I think I am eligible for my 7th year extn.

My wife will convert to H1 first and will work for 2.5 years on H1 and When I am applying for I485 and I140, then I can include my wife name for adjustment of Status.

Will I be considered under EB2 or EB3. I have computer science Bachelors degree with 8 years of Experience. As per the Lawyer, I will be considered as EB3 because I do not have Master's degree.

It seems that I can only apply I140 and I485 together if I am only on EB2 but not on EB3. I am not sure what this means for Now.

I am taking a big gamble at this point, As Grands_70 mentioned below, I should have an EAD in another 2.5 years. Will there be any chance for getting me EAD in current situation.

Hadron, I will be applying H1 only for my wife and will not got for J1.
 
brahmbhat, My wife will be taking H1 and as she completed 3.5 years, I think she can stay for another 2.5 years on H1.
 
mmkumar said:
Hello Guys,
Sorry for delayed response
I have filed for Labor Certificate yesterday i..e March 24th 2005. I still have 13 months on my H1, if I consider my stay in India for 7 months during this 5.5 years. I got to know this after talking to Lawyer on Monday. In total I have around 13 months for my H1 visa to Expire. So I have applied for LC. As I have applied for LC before my 1 year, I think I am eligible for my 7th year extn.

My wife will convert to H1 first and will work for 2.5 years on H1 and When I am applying for I485 and I140, then I can include my wife name for adjustment of Status.

Will I be considered under EB2 or EB3. I have computer science Bachelors degree with 8 years of Experience. As per the Lawyer, I will be considered as EB3 because I do not have Master's degree.

It seems that I can only apply I140 and I485 together if I am only on EB2 but not on EB3. I am not sure what this means for Now.

I am taking a big gamble at this point, As Grands_70 mentioned below, I should have an EAD in another 2.5 years. Will there be any chance for getting me EAD in current situation.

Hadron, I will be applying H1 only for my wife and will not got for J1.
Click to expand...

if you applied on 24th March for labor, most likely it will go under PERM (which starts Monday)..what that may mean for you if you are in a software related job is most likely it will be EB3, unless your lawyer has made a case of business neccesity etc (which is likely to trigger off an audit)..though 8 years + a Bachelors traditionally would have been in EB2, but under PERM there seem to be some changes specially for software related jobs...
If you are indeed under EB3, you hopefully will get your labor cleared under PERM soon( they say 45-60 days after they receive the application, meaning all ads requirement etc is compelted by then). YOu will be able to file for I 140 BUT EB3 has retrogressed to Apr 2001 (ie only with those with priority dates prior to Arp 2001 can apply for 485). So you likely have to wait more than a year-18 months atleast before you can file your 485 to get the EAD. Other option is consular processing.. I guess the 2.5 years seems right at this time for EAD in your case
 
Assuming that the paid legal advice you received, this sounds like a reasonable way to proceed.

Good Luck.
(and again, don't tell the hospital about the time limitation. otherwise it is bye bye H1b)
 
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