Need Advise

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Techie_ssp

Registered Users (C)
Hi ALL:

I am working for company A on H-1. 6 years ends on March 2005.

I-140 denied last month.

Need to start Labor again.

Company B is ready to sponser my green card .

So I will be working on H-1 on company A and company B will do my labor etc.

My question is at what stage I need to join company B ? When I get my labor approved ? When I-140 is approved or when I get my green card ?. I am not sure how this works, so need your help.

What happens if I run out of time ? Can I apply for 7th year extension even if my current employer is not sponsering my green card ?

Your help is greately appriciated. Thanks .
 
The best bet is join now, but wait till you get GC is also possible, theoratically speaking. My advise is: don't push your luck.
 
The reason why I-140 got rejected is in I-140 issues forum, in short, it got rejected because my education did not exactly match with what stated in labor certification. But, if you need detail, please refer to that forum. Thanks.
 
techie-ssp:-

Did u appealed for I-140 denial.I have friends whose cases were approved on appeal. I think that is called "motion to re open". Check with your lawyer.He /She might help you.If I were you,I would definitely appeal because I know it works.It's worth a try than rather apply all over again.
 
pipladi,

Thanks for your consern but appeal and motion to reopen, all discussed and debated in that forum, I am looking for an answer for my question. Can any one please provide some insight regarding my original question ? I will really appriciate it.
 
Q1. My question is at what stage I need to join company B ?

A1. When the GC is approved. Sometimes it is a good idea to join earlier but it is not necessary.

Q2. What happens if I run out of time ? Can I apply for 7th year extension even if my current employer is not sponsering my green card ?

A2. Yes.
 
Thanks Jim. I appriciate the prompt reply.

Q-1 If I would want to join the company B after Labor approval and before applying fot I-140./I485, would that require H1 -transfer from Company A to Company B or H1 does not come into picture at that point ?

Q-2 If I decide to join the company B only after I get my green card and I run out of time, who can apply for my 7th year extension ? My current employer or my future employer ?

Can any body can throw some light on these matter ? Thanks.
 
1) Yes, you need to transfer your H1-B from Company-A to Company-B.

2) If you stay with Company-A till you get your GC, only Company-A can apply for extension (if possible).

Company-B cannot file for 7th year extension. They can only apply for new H1 (transfer from A). You need to transfer your H1 before getting any extension from Company B.

BTW, you can apply for EAD along with 140/485 together once LC is approved. After recieving EAD you can work for Company-B without getting H1 transfer. Your pending 485 will keep you in status. But remember if you use EAD, H1 is gone.
 
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If you stay with Company-A till you get your GC, only Company-A can apply for extension (if possible).

On what basis company A can apply for 7th year extention if they have not sponsered my green card ? or am I missing something ?

BTW, you can apply for EAD along with 140/485 together once LC is approved. After recieving EAD you can work for Company-B without getting H1 transfer. Your pending 485 will keep you in status. But remember if you use EAD, H1 is gone

If one get EAD, does that means one will get green card for sure ? or there is still possibility of denying it ?( I am asking because I have seen unexpeced happen with me. My I-140 has denied because of my lawyers messed up. Don't worry,we are firing him.)because if EAD means one can get green card for sure, who need H1 then !!! :cool:

Any way, if anyone can answer this question. Thanks.
 
EAD authorizes employment while INS decides your case. It does NOT mean that INS will approve the case since INS may not have even looked at the case in any detail when it issues the EAD.
 
On what basis company A can apply for 7th year extention if they have not sponsered my green card ? or am I missing something ?

Looking at your response....Company-A can't. They can if they also start the process. Point I was trying to make was "You have to be currently employed by the employer on H1 to get extension".

If one get EAD, does that means one will get green card for sure ? or there is still possibility of denying it ?( I am asking because I have seen unexpeced happen with me. My I-140 has denied because of my lawyers messed up. Don't worry,we are firing him.)because if EAD means one can get green card for sure, who need H1 then !!!

EAD doesn't gurantee GC approval. That is just for you to be eligible to work while 485 is pending. One need H1 in case GC gets denied and H1 will let you stay and work here till you find another petitioner or way to file GC again.
 
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