how to arrange the time of filing new H1B or I-485

xu111

Registered Users (C)
I am currently in the period of OPT. I might need to choose whether and how to arrange the filing of new H1B and I-485 several months later (if my I-140 get approved). I would like to plan ahead.

Q1: I know that if I want H1B visa, it is better to file H1B before I-485. Do I need to wait the approval of H1B before filing I-485? Or the filing receipt of H1B is enough to guaranttee the validation of H1B visa? By the way, I will be a postdoc in a non-profit institute, so I don't have cap problem. H1B approval is a sure thing if I don't screw up with the application documents

Q2: I don't know when there will be space for me in the new lab. How do I put the starting date on H1B application? If I put 01/01/2006, do I have to started no late than 01/01/2006 in the new lab? I think OPT allows me to start earlier than 01/01/2006? How about later?

Thank you,
 
xu111 said:
I am currently in the period of OPT. I might need to choose whether and how to arrange the filing of new H1B and I-485 several months later (if my I-140 get approved). I would like to plan ahead.

Q1: I know that if I want H1B visa, it is better to file H1B before I-485. Do I need to wait the approval of H1B before filing I-485?
--- first get H1 approval, then employer has to file LC , once LC gets approved then you can file I-485 with employer petition I-140
Or the filing receipt of H1B is enough to guaranttee the validation of H1B visa?
----- to work on H1 you need H1 approval in hand
By the way, I will be a postdoc in a non-profit institute, so I don't have cap problem. H1B approval is a sure thing if I don't screw up with the application documents

Q2: I don't know when there will be space for me in the new lab. How do I put the starting date on H1B application?
--- YOU dont write the date it is employer/lawyer who has to write the starting date and employer has also to get you LCA that has to be filed with H1 petition
If I put 01/01/2006, do I have to started no late than 01/01/2006 in the new lab? I think OPT allows me to start earlier than 01/01/2006? How about later?

Thank you,
 
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