Help me

[skilledlabor]

Help me (labor cleared, switching companies)

Hi

This is very messed up, but hope somebody can help. I am on a H1-B with company A, and it is valid till 03/2005. I had cleared my labor in 2001 but had left this company and joined another. Now I am back with company A.

I have these questions.

a. Can my company file my I140 & 485 as I already have cleared my labor with them in 2001?

b. I'll be joining company B in six months time, and will work at their offshore office in India for a year. They have said that they will process my GC.

Can this be done, while I'll be working in India?

And approximately how long would it take, and would I have to clear my labor again? Or is the labor not relevant in this case?

c. The other option is company A files for my I140 & 485 together. The I140 comes through, I get my EAD and as I have already applied for my 485 and its been six months, I'll be able to switch companies without any problems. Is this assumption correct?

d. If it is, can I get an AP for a whole year while I'll be working for company B in India?

e. Last but not the least, as I'll be applying for 140 & 485 together, and I am still a bachelor, won't I be able to add my spouse in case I get married?

Thanks for your help in advance...

 

[gc_applicant02]

I think once u clear labour u hv 1 yr time to apply for 140 and 485.
but since u say ur labour cleared in 2001 u r beyond that 1 yr time to file 140 and 485. so u may hv to redo the labour again.

I read elsewhere in this forum that u cannot apply for gc while in india.

better to chk with a lawyer.