I140 & I 485 ques

S

swordfish

Registered Users (C)
Hi forum,

Here is my question, appreciate and looking for any answers.

I have pending I140 & I 485 filed concurrently RD: 04/25/2003 under EB2 category in VSC. EAD and AP are approved july'03.
My H-1 will be going to expire (6 yrs term) in Jan 2005.

Q1: What are the changes of getting my H1 extended if 140 & 485 pending beyond my deadline date i.e., jan 2005.

Q2: If It is end of the road for me, then any possibility for using AC21 portability given that the I485 has been pending for 180 days. Given that I140 is yet to be approved, is this case eligible for AC21 portability?

Q3: Finding a new job directly with the client (other than GC filed employer) with EAD at this stage will be favourable for me?


Please advise options.

Thx
swordfish
 
Well, I hope this addresses all your issues

Option1 - You could go for premium processing for a 7th year H1-B extension. Also, if you prefer, you could go ahead and extend your EAD. (If six months down the line, your I-140 gets approved, you could immediately switch jobs) - This was recommended by a lawyer we all know and respect.

Option2: You could go and use your EAD to work. But you will lose your H1B status. You cannot go back to H1B unless you work outside the US for a year. At that time, it will be considered as a new H1B petition

Both Option1 and Option2 have their own upsides. Option1 is the safest and the most recommended. Option2 is agressive, gives you freedom and latitude in terms of employment and freedom to negotiate a good compensation, but comes with a 'if downside'.

'If' for Option 2:

A RFE for I-140. How do you intend to respond? Will you inform BCIS you longer work for the firm that filed the petition for your greencard.

Well, all of the above is what I perceive as the possible options, not a legal advise. They are to serve only as a guideline and not as a sermon or legal advise. You might want to spend a little money and get some real legal advise from a reputed immigration attorney. The money you spent is probably worth it rather than assuming you could go with your gut feeling and save a few bucks.

thanks
 
Option2: You could go and use your EAD to work. But you will lose your H1B status. You cannot go back to H1B unless you work outside the US for a year. At that time, it will be considered as a new H1B petition

I thought they are two independant processes, if you are on AOS status
(working on EAD), you can continue to hold a non-immigrant visa. ??

If you change jobs to a different occupation, the new employer can
file an H1 and you leave the pening AOS in your back pocket ? Has
anyone thought about this or done it ?
 
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