Guru's, Please advice !!! Very Urgent !!!

B

bs2k

Registered Users (C)
This is my situation. Please advice...

I was working for company A and filed my 140/485 concurrent on April x'th and got a receipt date of May y'th. Company A shutdown on end of May . I got a job in Company B on June 20th. The job duties are somewhat similar, but the title is different.

Now, what are my options?

1. Can I put new H1 with Company B and try to get the Job title and Job Description, similar to the Company A’s GC? By doing, that I can possibly salvage my GC, after 180 days and after my 140 gets approved and can do an AC21, as long as INS doesn’t approve my 485, within 180 days.

2. Is my GC invalid, as company A kind off shutdown? Company A still exists as an entity, without any employees though. They will not revoke my 140 or H1.

3. If I apply for H1 with company B, will my company A’s H1 get cancelled automatically (as I can only hold one active h1), there by canceling my GC on top of it, as that GC is based on that H1.

4. Can I file for concurrent H1 in company B, so that company A’s H1 is not cancelled by INS?

5. Or is it advisable to start my GC all over again? Or is it advisable to try to start a new LC with company B parallel?

Please advice...

bs2k
 
concurrent h1 is for less than 40 hrs a week. Since GC needs a job
which is full time = 40 hrs -- It might create a problem in GC.

Applying a new visa from company B is the only choice you have.

Try to use previous LC if job description + job location is within 50 miles of previous job with company B and do 140 and 485 again.

In concurrent filing 140 & 485 has to be completed under same employer.

Last choice do GC all over.

hope it helps + take a advice from a laywer.
 
hi rcl,
my new job is within 50 miles of the old one(the place my gc was filed). So can i use the cleared labour of that company with the new one, if my job description and job title is the same? i have never heard that one. do u have any link or article that gives an idea of that one. i will really appreciate that one.

So concurrent h1 cannt be for 40 hours? what will happen if i still keep my old h1 for 40 hours and file for a new h1 for 37 hrs in this new company, in that case? can my gc go on with old companies 40 h1, when i am working for the new companys 37hr h1. please advice.

it's very urgent, i am planning to file the h1 today. please advice. i will talk to some lawyers too.
 
1. Can I put new H1 with Company B and try to get the Job title and Job Description, similar to the Company A’s GC? By doing, that I can possibly salvage my GC, after 180 days and after my 140 gets approved and can do an AC21, as long as INS doesn’t approve my 485, within 180 days.
--- Try to file H1 transfer as you have written above with new company, if your I-485 is pending more than 180 days AFTER the date your I-140 is approved and your past employer does not revoke I-140 you may use AC21
2. Is my GC invalid, as company A kind off shutdown? Company A still exists as an entity, without any employees though. They will not revoke my 140 or H1.
- Your I-485 is still pending, your GC process is not invalid at this time, even if the company has shut down it will not effect your GC if I-140 approved and I-485 pending more than 180days, similar job/ salary according to past LC. If any RFE for I-140 is received then your past employer or lawyer should reply to it, if I-140 is denied then be ready to start GC process from scratch as pending I-485 will also be denied. That is the reason you should immediately file for H1 transfer with new company
3. If I apply for H1 with company B, will my company A’s H1 get cancelled automatically (as I can only hold one active h1), there by canceling my GC on top of it, as that GC is based on that H1.
--- You should get your H1 transferred to new company as safety net,
4. Can I file for concurrent H1 in company B, so that company A’s H1 is not cancelled by INS?
Even if company A H1 is revoked/cancelled it does not matter, you have to be on valid no nonimmigration status to file for I-485 and you are on nonimmigration status, just transfer H1 with new company and relax

5. Or is it advisable to start my GC all over again? Or is it advisable to try to start a new LC with company B parallel?
- You should file new LC through new employer as back up plan because till date no AC21 final regulations are published and according to Sheela Murthy BCIS officers have changed different stand on 2-3 cases, and nobody knows what will be in the final AC21 regulations
 
Suggestion

I spoke to attorney S.M and here is what she suggested:

what do you guys think?

File new labour with this company as backup.
File new H1 in october 2003 (May13th plus 6 months).
In H1 ask them to put it as Consular Notification & not extension of status. (Since I have 2.5 years left in H1)
Till then work in EAD.

On approval of H1, fly to India and get H1 from consulate.
In port of entry, show H1b of prior employee and then show new H1b and ask them to put the stamping of new H1b date in the I-94 card. Very Important.

By doing this, I am not telling INS that i am leaving within 6 months of notification.
I cross 180 days, so I am safe to do AC21. Hopefully 140 approval comes through, by then.
 
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