I-140 & I-1485 pending less than 180 days and laid-off

C

chramu76

New Member
Category: EB1-C (NSC)

I-140 & I-485: ND: Sep 29th 2005 RD: Oct 7th 2005
Received my wife AP and EAD. I haven't applied those as I am willing to use my H1B as much as I can (had 3.5yrs more)
FP (code 3) done on Jan 12th
LUD changes on I-485 after finger printing.

Now my company is laid-off me and employer doesn't want to invoke I-140
(I had a good relation with him)

I am looking for some help to sort out how can I resume this process going on. The bad part is employer doesn't want to accept for sub-contracting.

The various options I had now is:
1. H1B transfer to another employer and start working straight away
2. H1B transfer to another employer but will start working from after 180 days period and new employer files AC-21
3. Is there any possibility I can come back and work for orginal employer after the approval?

Any help is great appreciated...I am in really trouble in sorting out this issue.
What happens if I silently do H1B transfer with new employer and if I try to resume old GC as is?
 
I suggest you re-write your position .. I am confused.

Please explain your issues clearly again. Thanx
 
If your I-140 is not invoked you can take chances for joining another employer by H1 transfer.
If there is no RFE or Interview you should be fine.
I will suggest you to consult a attorney and discuss all options with them.
Who filed your original petition, they can help you if they are independent attorneys.
chramu76 said:
Thanks for your prompt reply.

My company filed me as "Multinational Manager" (EB1-C)
Click to expand...
 
Thanks for your message.

I had a RFE on I-140 which we already replied back on Jan 24th (there are 3 LUD changes) and waiting for the result, hopefully I will hear the result very soon.

I contacted the lawyer and what he is suggesting is:

1. Doing H1BTransfer for safe-side (to avoid out of status issues).
2. Or Wait until 180 days period with my original petitioner.

In my personal front, I would prefer to go with option1 as there is no gurantee of I-140 approval and also no idea when that is going to be happen.

Any suggestions highly appreciated.
 
chramu76 said:
Thanks for your message.

I had a RFE on I-140 which we already replied back on Jan 24th (there are 3 LUD changes) and waiting for the result, hopefully I will hear the result very soon.

I contacted the lawyer and what he is suggesting is:

1. Doing H1BTransfer for safe-side (to avoid out of status issues).
2. Or Wait until 180 days period with my original petitioner.

In my personal front, I would prefer to go with option1 as there is no gurantee of I-140 approval and also no idea when that is going to be happen.

Any suggestions highly appreciated.
Click to expand...

Yes, option 1 sounds good.
Though it might be harder to find a job with a H1B
compared to a EAD. But you can try and keep the
lines of communication open with the potential employer
regarding your current status.
 
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