H1-B expiring May 2004, LC approved, I140 485 filed, probable layoff

S

Sang_vps

New Member
Dear Friend,

My GC Process was started in Sep 2002. The State and fedral LC was approved in Nov 2003.

My company filed for my I140 and 485 in Dec 2003 and both are under processing.
I have got my Parole Visa and EAD.

I have appointment for finger printing in a couple of weeks

My H1 (total 6 years) is expiring in May 2004.

Now my company is being sold to another company.

A1. Can the new company continue my GC processing

In case of a layoff, what are the chances of:

B1. Another company transfering or making a new H1.
B2. Can another company take over my GC processing from whatever stage it is in now?
B3. What else can happen - i don't even know if i'm asking the right questions.

If i quit
C1. Can the new company the GC process from whatever stage it is.
C2. Can i apply for a 7 th extension of my H1B after a transfer.


Thanks you for the help
Sang
 
Your new company can continue your I140 as a successor of interest. You are fine as long as you stay with the new or old company. You do not need to do any amendment of I-140. For more information search the site with the user name aparguys.
If you laid off, then
You can transfer you H1B for 7th year extension to the new company using the current labor certification and work for them. Once your I-140 is approved you are fine.
In case they let you go, then you can start a new green card processing OR depend on your current I-140 which is risky.
Wish you good luck. If you leave the company for any reason you cannot use the current labor and I140 with another company.
Another scenario is you can try to save your curent I485, provided if you can file another I-140 with labor subs.
I am in the same situation and in fact discussed with coupld of attorneys including Mr.Rajiv.
It is upto you to decide
1) Whether to use EAD and depend on the current I-140, in which if INS issues a RFE then ?????
2) Look for another company and start the process.
Good luck to you and try to stay with your current employer(I know you will) rest is not in our hands.
 
Hi Sang_vp,

Mine is exactly the same situation, but I got laid off. What my attorney suggested is to find a new employer and you can continue the 140/485 with them if 180 days has passed (in my case its 180 days over).

I wish you will stay, Good luck.

Sam
 
Hi sambkc2004

Hi sambkc2004,Can you give me your attorney name and number?
I have consulted three attorneys including the host and they all said "RFE towards the 140 is problem".
Can you please ask your attorney about the law he is refering?
Thanks,
 
Re: Hi sambkc2004

t22,
Pls send me mail at sambkc2004@yahoo.com

Originally posted by t22
Hi sambkc2004,Can you give me your attorney name and number?
I have consulted three attorneys including the host and they all said "RFE towards the 140 is problem".
Can you please ask your attorney about the law he is refering?
Thanks,
Click to expand...
 
Hello,

I am in the 6th year of my H1B (valid upto April 05). My 140 was filed in March and 485 likely to be completed (filing !) before end of April (2004).

Is it better to get an EAD or not ? I understand that if you get your EAD and if by chance the 140 gets rejected then we will be out of status immediately whereas if we continue on H1 then atleast till the end of H1 we will have status and also we can do an appeal for 140. But EAD is preferable to face any layoffs.
I am confused about whether to apply for an EAD or not.

Being greedy I requested my employer(attorney) to find if they can do both a H1 extension and EAD extension (next year) so that now I'll get my EAD and be ready to face eventualities. But they refused to do both.

Please advise.

Thanks
 
You don't need to ask your employer to do the EAD, once you get the 485 receipt, you can do it yourself or thru an attorney or online.
Tell your employer to file H1B extension and you file the EAD. There is no way they can find it and you don't need any information from your employer.
 
Thank you Sam.
Since my 180 days is not yet over for both 140 and 485, i think i
can only cross my fingers and wait.
 
While filing the I-485 I am not applying the EAD since our company favours continuing on H1 rather than EAD.

If there is any layoff, even before 140 is approved, can I apply for EAD at that time and with the INS receipt (before even getting the EAD) go for a different employer. I am assuming the current employer will not cancel/withdraw my 140. My H1 will complete 6 years by May 2005.
 
Hi kumudha

Just by applying for EAD you do not loose your status as an H1. Yes once you get EAD and leave your present employer go work for someone else using EAD then your status changes to EAD. As long your I-797 is valid (may 2005 in your case) and you continue to work for present employer you are still on H1.

There is more than enough information on such topics in various forums on this site.

On your second question I think it is very risky waiting till the end and you are taking a big chance especially if you are unlucky and get an RFE? Will the employer support you in this situation he might not cancel your petition but will he support you answer the RFE??

Best course is apply for EAD and hope your underlying I-140 gets approved before you want (or have to leave due to layoffs...etc) to leave your present employer. Then you are in much better situation.

Answer to final questions NO you can't work just based on EAD receipt notice you need to have the EAD approved and as indicated above your underlying I-140 approved too otherwise it is all very risky and depends on chance that things might just work.


reval_wait
 
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