OPT to H1B pending name check since Feb 2006. Worried about filing GC by spouse

H

h1bdelay

Registered Users (C)
Hi,

I had applied for my h1b(Advanced Degree Quota) while I was on OPT. This was towards the end of Jan 2006. This has ever since been pending 'security check'.

My employer filed for another h1b in Apr 2007. This one too has been pending the 'name check'. My employer is reluctant to do anything legal(lawsuit/mandamus to get the process going). I am married to a US citizen and she is filing for my GC.

Since its close to 2 yrs now for the h1b petition, I have 2 options:-

1. wait until one of the h1bs get approved and then file for GC.
2. file for GC immediately.

I'd like to know the implications of each of these approaches in terms of Risks and time involved.

Lets say the h1b is approved. Then, when I file for the GC, is there a chance that the application will go into the dreaded time capsule of 'security/name check' ?

How long is the name/security check valid for? Is it done for each and every petition towards a person?

Please help me with options/suggestions and information.

Truly appreciate any help.


--Thanks
 
Seems like going the H1B route is a waste of time and energy. If I were you, I'd have your USC spouse immediately file the I-130/I-485 combo in order to get you safely into "adjustee" status. Once that paperwork in underway, you can file for EAD and legally work for any employer.

Note: since you are apparently stuck in namecheck for H1B, I have every reason to think you'll get stuck again during I-485. Not much you can do about it, except you will have the advantage of being able to work (assuming you get EAD).
 
Thanks.

Is EAD not dependent on the name/security check. Is it only the I485 that depends on it?

Also can you tell me something about the time-validity of the name/security check(i.e once out of the check, will USCIS/FBI do the check again for future peitions, in my case h1b approval then GC petition. If they do, will it be a lengthy one like this one, or will they use the results of the previous check?)

Please let me know.

Thanks
 
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