Need Advise Please

N

nag234

Registered Users (C)
Filed in December for 140/485/EAD/AP
140 not yet approved.
My employer is not co-operating with my GC process. Not extensing my H1 and some financial issues.
Last month my employer gave words like i will revoke if your not in this company until GC process is over.
My wife also use to work with that employer but not now. she is on EAD now.
thinking of changing the company but my situation is
i was once out of status for 3-4 months.
will it affect in this GC process. how far it will effect my GC process if i change the employer or if i not change the employer.
need advises please
thanks
 
If I were you I'd have my H1 visa extended so I don't have to worry too much about I-140 approval. If your H1 expires and, god forbid, I-140 gets denied you will be immediately out of status.
Since you have already accrued 3-4 months of illegal presence, you have only 2-3 months left before you render your self ineligible for adjusting a status to an LPR.
Even though you have issues with your current employer, I'd suggest that you work them out untill you get either I-140 approved or GC.
 
Forgot to givr you my opinion on the questions that you had.
1 "will it affect in this GC process."
--> I assume that you alooded to 3-4 months of illegal presence. In general for EB based adjusments, provision 245(k) covers you if your total accrued illegal presence/unauthorized employment is shorter then 180 days. In other words you shoud not worry if you continue the process that you are in (AOS). Of course you should either keep H1-B valid or have EAD.

2. "how far it will effect my GC process if i change the employer or if i not change the employer."
--> If you change employer at this point, you would need to start GC process all over again (assuming that employer withdraws I-140 before approval). Note that you need to change your H1 status (file H1 transfer with another employer). If your H1-B has expired then you may need to go back to you home country in order to get H1 visa.
If you stay with the current employer you may be lucky and get approval quickly.
 
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