I-140 approved, waiting for I-485, and dependent on H-4

V

vanya27

Registered Users (C)
Hi,

I am in the following situation and hope someone can advise on how to proceed.

a. I am currently on H-1b and still have about 2 years left (of total of 6). Current H-1B Stamp will expire middle of Nov. this year.
b. I am getting married end of Sept. and want to bring in my wife under H-4 Status.
c. I already have I-140 approved, BUT company was purchased by a competitor and legal name changed.
d. Per my laywer I had to file new I-140 under new company name. Done at this point.
d. I already have I-485 pending since last October, 2002 using old company name.
e. I have a travel permit and work authorization under I-485 petition.

Questions:

a. Can I bring my wife under H-4 in Sept. and apply for her I-485 together with mine that was filed last year.
b. If not on H-4, how can I bring her over here.
c. Once in US, do we need to file extensions on my H-1B and H-4. Can I do it in US?
d. CAN I CHANGE AN EMPLOYER (same Employer different legal name) SINCE 180 days passed and still get a GC for her and myself on time? DO I NEED TO FILE A NEW I-485 since company name changed (job location, desc. and duties are the same)?
e. Do I really need to file new I-140 or old one will be valid for me and my wife to get a GC?
f. What if my job desc. changes and I'll be promoted (may soon be an option), do I need to file a new H-1B/H-4 or can just work under I-485 adjustment status (work permit+Travel document)?
j. If I am laid off after mid. of November and don't have H-1 Stamp in my passport, can I remain in the US under work permit and pending I-485 from last year with another employer and get my GC when the time comes?

ANY ANSWERS TO THESE QUESTIONS WILL HELP!!!!
 
Here are my answers...

a. Can I bring my wife under H-4 in Sept. and apply for her I-485 together with mine that was filed last year.

If you have used the work permit and AP, your visa may not be valid and you may not be able to sponsor your wife for a H4.

b. If not on H-4, how can I bring her over here.

You may sponsor her for a H4 if you have not used AP to travel or used WP to work elsewhere. Otherwise, she may have to come after her GC is approved. She may also try and get her own H1b. It's unlikely that she will be given visitor's or student visa!

c. Once in US, do we need to file extensions on my H-1B and H-4. Can I do it in US?

If your company has been bought, you need a new H1b with the new employer-unless you plan on waiting for your I485 approval while working with your work permit.

d. CAN I CHANGE AN EMPLOYER (same Employer different legal name) SINCE 180 days passed and still get a GC for her and myself on time? DO I NEED TO FILE A NEW I-485 since company name changed (job location, desc. and duties are the same)?
e. Do I really need to file new I-140 or old one will be valid for me and my wife to get a GC?

You have a H1b that may not be valid now-since your employer's name has changed, you are working on work permit from your I485 filing. If 6 months have passed since filing AOS, you may get your GC without too much of a hassle. However, you can't bring your wife into US without getting a new H1b and H4 issued under the new employer's sponsorship. You can't include your wife in the AOS petition unless she is already in the US. The best way out of this catch-22 is to apply for an amended I-140 and getting new H visae for both of you. Once the I140 is approved, you may both proceed with AOS/CP as you like it.You may also decide to apply for amended I140 with CP as the option and include your wife's name in the petition and she will be able to get her GC with you hopefully within 12-18 months.

f. What if my job desc. changes and I'll be promoted (may soon be an option), do I need to file a new H-1B/H-4 or can just work under I-485 adjustment status (work permit+Travel document)?

If your job description changes, and is substantially different from your labor certificate, you will have to start with a new labor certificate, and ofcourse apply for new H1b. However, if you choose to proceed with your GC alone for the time being, the AOS already filed and the work permit should let you get that promotion and still get the GC without much waiting under the AC21 provisions. The only big loss would be, your wife will then have to wait longer for her GC.

j. If I am laid off after mid. of November and don't have H-1 Stamp in my passport, can I remain in the US under work permit and pending I-485 from last year with another employer and get my GC when the time comes?

Answer is a resounding 'YES'. Read the posts on AC21. Browse the I485 section- you may get more help there. Consult your attorney to be sure. ;)
 
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