need help on this....laid off.

G

gsingh72

Registered Users (C)
Hi ,

I filed my I-485,AP, EAD at VSC in mid-July and after 1 month of filing I was laid off by my company A. My I-140 is already approved (non-concurrent filing) and my employer A is not revoking it.

On sep 4, I filed H1-B transfer with a new company B .
My 6yrs on H1-B visa are expiring in Jan-end of 2004.

1) The company B will be filing for my LC from fast state in October'03. If I clear my labor by end of Dec'03 and file I-140+I-485,EAD,AP concurrently with company B, based on this can I get a 7th yr H1- extension ?

2) Can a person's TWO I-485 applications remain pending in same service centre belonging to different employers? Both my employers A and B come under Vermont jurisdiction.

I will appreciate if anyone can pls. reply.

thanks!
 
2- 485 = fraud

Hi,

You file the 485 with intention to work for somebody.
If you want to file 485 with another employer, you must first request cancellation of earlier application. Otherwise it will be construed as misrepresentation.

I am aslo curious as to why don't you just wait to get the i-ead and work for the new employer usingf ac21.

This is just what I think. Your call.

Pal
 
Actually I don't agree with some of the stuff that sheelum (misrepresentation, etc.), says but the last part is true. Go with the 485 from the first company as long as they are not going to revoke the underlying I-140 or inform INS about your status before the 180 days are up.

Once 180 days are up, you can file for AC21 and state the new company as your sponsor.

WRT your question about filing for labor and going for H1 extension. Don't see a problem with that as long as you are willing to wait the 3-4 years required to come back to the stage you are in now.

Good luck!
 
The best course of action would be to use your EAD and work for Company B. After all your staus is legal and you are in "Adjustment of Status". At any cost keep your I-485 with company A alive. After you cross 180 days you could use AC-21 and get your green card.

Hope this helps.

Balamani

Disclaimer:
I'm not a lawyer, pl. consult one.
 
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