Hadron, ji victim opinion

[lalalala]

well my H1 is expiring in March 2006, my employer refused to sponser me for PERM ( because of not wanting to advertise job) , so i will have a hard time convincing him for ads for Hi renewal ( i am trying) . i did get a NIW and have a EAD and advance parole / and approved 140 and pending 485 through NIW.
question is that in case the employer does not wish to sponser me for H1 can i work on EAD ( i know its better to play safe and not use EAD and have H 1 visa) if the employer does not sponser for H1 renewal . My three years end in June 2006 and then i can if i want open own practice and amend 140. would there be any potential problems with this plan.
thanks for feedback

 

[hadron]

Is the employer interested in keeping you ? Sounds fishy to me.

> i did get a NIW and have a EAD and advance parole / and approved
> 140 and pending 485 through NIW

So you are in pretty good shape. Given the approved I140, you are pretty safe with using the EAD. (The H1b as backup is more important for people who applied I140/I485 concurrently and have the I140 pending.) If there is a problem with your I485, you will know about it with enough lead time to act (they will typically issue an RFE if there is a problem). One thing to be aware of are the implications of using AP for re-entry. I don't recall the situation, but at times it can be important whether you entered as 'non-immigrant' or whether you where 'paroled' into the country (but I think this is more in the realm of removal procedings, something I would hope you never have to worry about).

> My three years end in June 2006 and then i can if i want open own
> practice and amend 140. would there be any potential problems with
> this plan.

I don't know exactly the steps you have to take to amend the I140 (or even whether you have to do this at all). Your plan of action is certainly consistent with the law and it has been done before (employee x 3years and then PP). But on high seas and when dealing with USCIS you are in gods hand. Given the level of incompetence at USCIS and the potential for computer glitches any time you deal with them, I wouldn't be suprised if the changes you have to do to the case could throw it off balance (you wouldn't believe how many I485s get denied due to problems with the mailing of fingerprint notices).

 

[J1victim]

h1 non renewal ......

well my H1 is expiring in March 2006, my employer refused to sponser me for PERM ( because of not wanting to advertise job) , so i will have a hard time convincing him for ads for Hi renewal ( i am trying) . i did get a NIW and have a EAD and advance parole / and approved 140 and pending 485 through NIW.
question is that in case the employer does not wish to sponser me for H1 can i work on EAD ( i know its better to play safe and not use EAD and have H 1 visa) if the employer does not sponser for H1 renewal . My three years end in June 2006 and then i can if i want open own practice and amend 140. would there be any potential problems with this plan.
thanks for feedback

h1 renewal is not as hard. no ads needed. post notice of job opportunity locally.

agree with Hadron for H1 switching to EAD due to risks with USCIS. What specialty are you in? At this time, IM is very HOT. look at any NEJM Ads section and you will see why.

You will have to file a new I-140 for your new job/PP. there are many persons on this forum who did this. scan the archives and you will find them. ones that i remember: "suseela" "coloradoNIW"
.

 

[kidsdoc]

I agree with J1victim,
lalalala actually I have susheelas phone number can give you if you want as she also went through the same problem like yours and her case was also also in Atlanta DOL

 

[posmd]

3 yrs

I think that you are in a reasonably strong position lalalala. I recently renewed my h1b for another 3 yrs and the procedure was very straightforward. I do not recollect my lawyer/employer placing any job advertisements.
From your statement that your 3 yrs are over in june, I am assuming that you are a former J1 survivor.....the current vogue term. In that case you need to complete the 3yrs until june 2006 in H1b status specifically, if you use your EAD before this there could be trouble later on.
After 3 yrs if you wish to change, talk to your state Dept of Comm Health with your plan, proposed location of practice, and at the relevant time if your hospital administration is supportive you can have them weigh in with a letter as well. Their (State Dept of health) support letter is the key to the NIW 140 approval and or alteration. I rememeber my lawyer telling me that you have to file an ammended 140 again. Eitherway once you have the support of the state Dept of health it should not be a problem.