Expired EAD, Approved I140 and I485, Need Help ? - Urgent

M

mmza

Registered Users (C)
Hi, Got few questions:

My H1-B (expiring on Oct 1 2005) is from Company A. I need to change my contracting company from A to B, job is same because client is disapproving Company A.

Facts :
- I-140 approved a year back
- I-485 applied a year back from NE
- First EAD got expired March 2005
- H1-B Expiring Oct 1 2005
- I-485 transferred to my local INS Office @ Detroit, MI

Questions:

1. Can I change the job based on above factr mentioned ?

2. Renewing an expired EAD, Will it be a problem ? Or do I have to apply as a fresh EAD. Will there by any penalties ?

3. Can I apply for an Interim EAD based on an expired EAD in March'05 ?

4. Can I change my job now while I apply/renew my EAD or do I have to wait till my EAD approves ? OR Can I go to the local INS office and ask for an interim EAD (Please note I got an expired EAD)?

Regards,
MMZA
 
Got 2 more Q's

If I'm staying with my old company:
- Can I apply for EAD and H1B renewal both at the same time ?

If I'm moving to another company:
- Can I apply for EAD and H1B transfer both at the same time ?

What is most suitable route ?

Regards,
MMZA
 
mmza said:
Hi, Got few questions:

My H1-B (expiring on Oct 1 2005) is from Company A. I need to change my contracting company from A to B, job is same because client is disapproving Company A.
---------------------- better join b with H1 trasfer
Facts :
- I-140 approved a year back
- I-485 applied a year back from NE
- First EAD got expired March 2005
- H1-B Expiring Oct 1 2005
- I-485 transferred to my local INS Office @ Detroit, MI

Questions:

1. Can I change the job based on above factr mentioned ?
-----------------YES
2. Renewing an expired EAD, Will it be a problem ?
Or do I have to apply as a fresh EAD.
--------------YES apply EAD renewal
Will there by any penalties ?
----NO, but you need valid EAD or H1 to work
3. Can I apply for an Interim EAD based on an expired EAD in March'05 ?
-------------NO, apply EAD if EAD dont get approved in 90 days then you can go to local USCIS office with Infopass and can get iEAD(if no RFE for EAD)
4. Can I change my job now while I apply/renew my EAD or do I have to wait till my EAD approves ?
-------------- join with H1 trasfer. let the new employer file H1 trasfer and the date you get H1trasfer filing reciept from USCIS you can start working with B OR need valid EAD in hand if you want to use EAD. H1 trasfer is better option
OR Can I go to the local INS office and ask for an interim EAD (Please note I got an expired EAD)?
----------------NO, first file EAD then after 90 days you can go for iEAD
Regards,
MMZA
Click to expand...
 
mmza said:
If I'm staying with my old company:
- Can I apply for EAD and H1B renewal both at the same time ?
------------------------ YES. H1 extension has nothing to do with EAD. EAD is is based on pending I-485
If I'm moving to another company:
- Can I apply for EAD and H1B transfer both at the same time ?
-----------------YES
What is most suitable route ?
---------------join with H1 trasfer and also keep valid EAD and AP with you

Regards,
MMZA
Click to expand...
 
Got interview Letter ... in the nick of time... Advice needed.

Hello, Thanks for your earlier responses. I got my interview letter yesterday and the interview for I-485 is on Sept 12. My H1-B is expiting on Sept 30.

What do you suggest ? Apply for H1-B renewal immediately or wait for the interview ?

Regards,
MMZA
 
mmza said:
Hello, Thanks for your earlier responses. I got my interview letter yesterday and the interview for I-485 is on Sept 12. My H1-B is expiting on Sept 30.

What do you suggest ? Apply for H1-B renewal immediately or wait for the interview ?
------------- talk to your lawyer. if they dont approve on sept 12 and dont stamp the passport then file H1 extension on 13 september, if they approve no need of H1 Ext filing.
Regards,
MMZA
Click to expand...
 
One more question ?

My I-485 application received date 1/26/2004 and notice date is 1/28/2004.
I already got the A number and I'm not sure if my case was in EB2 or in EB3. But, I believe it was under EB2 eventhough I have a masters degree from US but I earn between 55 to 60 K.

1. Will retrogession effect my case ?
2. Will there be a delay if the case was in EB3 ? & What if my case is under EB2 ?

Regards,
MMZA
 
mmza said:
One more question ?

My I-485 application received date 1/26/2004 and notice date is 1/28/2004.
I already got the A number and I'm not sure if my case was in EB2 or in EB3.
A# is Alien #
But, I believe it was under EB2 eventhough I have a masters degree from US but I earn between 55 to 60 K.
-----------------having master degree is not automatic EB2 it depends what the employer wanted at the time of LC filing and what was wriiten on LC form ETA750A in item 14
1. Will retrogession effect my case ?
2. Will there be a delay if the case was in EB3 ? & What if my case is under EB2 ?
----------- All depend if it is EB3 or EB2and country of your birth and if PD is current
Click to expand...
 
Hello,

Went through the I-485 interview at local Detroit office, they asked the usuall stuff - Company letter, Joint bank statements, birth certificates, driving lic., asked my first I-94 copy from 1999 (my F1's) luckily had one. Finally they said visa numbers are not available as anticipated.

The officer said "an approval letter will be sent in mail in October provided visa numbers available. You get an appointment date from some infopass website to get the passports stamped and you can send your wife for that and you don't need take off from work"

One thing the officer commented is that "the waiting list in Detroits local USCIS office is about 300-400 alone and you can make a guess for nation wide waiting list since July 2005."

My question :

1. My interview was done on Sept. 12 2005. The visa numbers were not available since July 2005. Are there sufficient visa numbers available for EB3 or do I have to wait for another year and be on H1 or EAD ...whatever ?

2. How many visa numbers are available all over US for Indians each year under EB3 ? & How soon they are exhausted ?

--MMZA
 
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