I140 questions..please help me :confused:

[ineedtogetgc]

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

 

[dynobuoy]

Originally posted by ineedtogetgc
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.....

At this juncture you have no option but to give the paystub of employer 'current'. Also it is good idea to attach a letter from your sponsoring employer that he had intention to hire you in the future.


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....

Your GC process is a bit complicated as you were laid off before 140 getting approved. So the best option for you is to work on H1B till you have your 140 approved AND completed 180 days from the day you filed your 485.


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.....

You can apply for your spouse's 485 anytime during which your 485 is pending. But remember the following. If you don't have a valid H1 visa you cannot bring your wife into this country. So it is a better option to bring your spouse on H4 and then file for AOS.

If you get married after GC your spouse cannot come into the country as your dependent, it may take 3 - 5 years till she gets her GC approved. But say if your spouse comes into this country on H4, and applies for 485, then your spouse will be in legal 'pending AOS' status and can enjoy the benefit of EAD an AP.

hth
dyno

Thx
ineedtogetgc