I140 Ques..please Help

I

ineedtogetgc

Registered Users (C)
Hi forum,

About me: Employer "PAST" applied my green card thru labor substitution (EB2), upon Concurrent filing of I-140 & I-485 and ND:04/15/2003, I got terminated by Employer "PAST" on 11/30/03 (Employer "PAST" has agreed upon neither revoking H1 nor my I-140) while my I-140 was in processed and my H1 transfer with Employer "CURRENT" is in process.

Q1: While my I140 is in process with Employer "PAST" and if i get an RFE which requires to show my 6 recent paystubs (say from dec 03 to may 04), in that case which paystubs should be submitted to BCIS (Employer "PAST" or Employer "CURRENT")? Please help me.....

Q2: It seems market for IT is booming up and iam getting good offers for permenent postions directly with clients. Can i work for the "Client" directly with my Employer "PAST" EAD? OR stick on to H1 status doing hourly consulting with the Employer "CURRENT" until my total process of GC is completed (I140 & I485)? I'm confused, and I don't know what can be better way.
Please help me the pros and cons for both....


Q3: Let us assume that my I-140 can be approved in apr 04 or may 04, as iam still single and not looking to get married until 2006, when would be the right time adding my spouse to my GC process? after I140 or while I485 process? What are the consequences?..if i decided to go for stressful total process of GC (I140 & I485) completed and then get married? Please help me.....


Thx
ineedtogetgc
 
Q1: While my I140 is in process with Employer "PAST" and if i get an RFE which requires to show my 6 recent paystubs (say from dec 03 to may 04), in that case which paystubs should be submitted to BCIS (Employer "PAST" or Employer "CURRENT")? Please help me.....

>>> You should show 'PAST' companies paystubs

Q2: It seems market for IT is booming up and iam getting good offers for permenent postions directly with clients. Can i work for the "Client" directly with my Employer "PAST" EAD? OR stick on to H1 status doing hourly consulting with the Employer "CURRENT" until my total process of GC is completed (I140 & I485)? I'm confused, and I don't know what can be better way.
Please help me the pros and cons for both....

>>> Maintaining H1 status is better

Q3: Let us assume that my I-140 can be approved in apr 04 or may 04, as iam still single and not looking to get married until 2006, when would be the right time adding my spouse to my GC process? after I140 or while I485 process? What are the consequences?..if i decided to go for stressful total process of GC (I140 & I485) completed and then get married? Please help me.....

>> before start of 485 process

Check with a lawyer though..this is just my suggestions
 
If the marriage is done after the approval GC you wife will have to come using Family based immigration which will take more then 5 years to enter this country.


If you get married before GC and if you maintain H1 status she can enter this country using H4 and Apply AOS.

If the marriage is done before the approval of your GC and you use your EAD she can come using employment based GC but it will take around year after approval your GC. It is called as follow to join.

Best thing is maintaining H1 and get married before your approval.
 
Thanks tammy for reply.....can i get to know ur views on Q2..please?

can i request dyno and others to provide info for Q1,Q2 & Q3, send earlier?


Thx in advance
ineedtogetgc
 
To change the companies without affecting your GC you need to get your I-140 approval first. And your I485 should be pending for more then six months. This law is called as AC-21. If you search on that you will get answerers and lot of material on that.

After that you should able use the EAD without any problems. But even then maintaining the H1 status is preferred. In your case it is better to keep H1 alive as you need to get marry and able to bring your wife here.

If you use EAD for work your wife cannot come on H4
 
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