Please advice urgently

G

GCforTRAVEL

Registered Users (C)
I know this is not the right thread to post this, but I hope the frequent experienced visitors to this thread like UnitedNations, etc. may provide some really sound advice and comments:

My I-140/NIW was approved in 2006, I-485 (both wife and mine) pending due to retro.

Been on H1-B for 2 yrs, wife on H1-B for 1 yr. Both have travelled out of USA recently and re-entered on AP and continued working on exisiting/valid H1-B as per Cronin memo.

I'm now starting a new job. My employer wants me to use EAD since I entered on AP. 2 questions:

1) Is it ok in my case to start using EAD, especially since employer prefers me to use EAD than file for H1-B change of status/new H1-B?
Will the pros outweight the cons for me?
What are the chances of my I-485 being denied? I have always been in legal status in USA, never worked illegally and have PhD degree from USA.
New job is also in same area of expertise as before.

2) If I use EAD, can my wife continue on her H1-B even though her I-485 is based on a derivative adjustment to my application?

Thanks in advance.
 
GCforTRAVEL said:
I know this is not the right thread to post this, but I hope the frequent experienced visitors to this thread like UnitedNations, etc. may provide some really sound advice and comments:

My I-140/NIW was approved in 2006, I-485 (both wife and mine) pending due to retro.

Been on H1-B for 2 yrs, wife on H1-B for 1 yr. Both have travelled out of USA recently and re-entered on AP and continued working on exisiting/valid H1-B as per Cronin memo.

I'm now starting a new job. My employer wants me to use EAD since I entered on AP. 2 questions:
*****
you mean your new employer want you to use EAD instead of him transferring your H1B.............if it makes a difference....i travelled using AP....continued working in existing H1..(same as you)....and i am transferring my H1B to a new employer being in a parolee status......my attorney(and most people) thinks its not an issue as per cronin memo****

1) Is it ok in my case to start using EAD, especially since employer prefers me to use EAD than file for H1-B change of status/new H1-B?
Will the pros outweight the cons for me?
********Pro: you will be saving your H1 time....since next time you will apply for H1 you will not be counted against quota...(since you are Phd....i assume you are in a university.....that means quota may not apply for you in any case...

con: in case you 485 gets denied, you will have to file for H1B visa through employer....if employer is willing.....if so...then you should get H1B status within 45 days if you use premium processing...
*******
What are the chances of my I-485 being denied? I have always been in legal status in USA, never worked illegally and have PhD degree from USA.
New job is also in same area of expertise as before.
*******chances of denial are very rare.....less than 2%......but chances of denial by mistake by uscis....is almost 10-15% .....if that happens you will have to file MTR (motion to reopen).....******
2) If I use EAD, can my wife continue on her H1-B even though her I-485 is based on a derivative adjustment to my application?
******your wife's H1 is not related to your 485.......she is in dual status....AOS and H1.......AOS is through you....but H1 is hers....*******
Thanks in advance.
Click to expand...
 
Thanks, Techy.

If I fall in the unlucky few percent of cases whose I-485 gets denied, will I be considered to be illegally working since the time EAD was first used or since the time of denial of 485?
I seem to recall reading somewhere that it is the former case and if that is true and I'm considered to have worked illegally for more than 180 days or so, I cannot re-enter the US for some years even if I get H1-B through another employer? Is that true?

My new employer is part of a DOE run research org. and they are rather conservative and do not consider Cronin memo since it is not law. Hence they want me to start working on EAD.
They are willing to do a change of status to H1-B but on condition that next time I leave US, I should get a H1-B stamp in my passport.
If not, and I re-enter again on AP, they will expect me to start working on EAD since de not recognize Cronin Memo and I will be on Parolee status.
I told them I will probably re-enter on AP again, in which case they said I will be back to my current situation and so might as well start using EAD now.

Hence I'm thinking on taking their suggestion and starting on EAD. My lawyer also said it should be okay.

But I'm unsure whom to trust?
What do you think?

Thanks for your time.
 
GCforTRAVEL said:
Thanks, Techy.

If I fall in the unlucky few percent of cases whose I-485 gets denied, will I be considered to be illegally working since the time EAD was first used or since the time of denial of 485?

I seem to recall reading somewhere that it is the former case and if that is true and I'm considered to have worked illegally for more than 180 days or so, I cannot re-enter the US for some years even if I get H1-B through another employer? Is that true?
*******I am 100% sure that its counted since 485 denial.....because only then you are into a grey area..........and if your MTR is accepted you are back in status.......till they approve or deny again

How difficult is in your field to get H1B sponsorship by employer in case 485 gets denied??......will your current employer sponsor your H1B in that case??....if so working on EAD is a great option since you will be saving your H1B time......
********


My new employer is part of a DOE run research org. and they are rather conservative and do not consider Cronin memo since it is not law. Hence they want me to start working on EAD.
They are willing to do a change of status to H1-B but on condition that next time I leave US, I should get a H1-B stamp in my passport.
If not, and I re-enter again on AP, they will expect me to start working on EAD since de not recognize Cronin Memo and I will be on Parolee status.
I told them I will probably re-enter on AP again, in which case they said I will be back to my current situation and so might as well start using EAD now.

Hence I'm thinking on taking their suggestion and starting on EAD. My lawyer also said it should be okay.

But I'm unsure whom to trust?
What do you think?

Thanks for your time.
Click to expand...


since you are planning to use AP to travel (which is a good choice given the headaches and uncertiainity of H1B stamping) and your employer is not supporting H1B i will recommend using EAD (since anyways you dont have much choice other than finding another employer...........or not travelling for 2 years......to keep this employer happy)
 
Hi Techy,
thanks again.

One more question:
I think in my new job, I will become eligible for filing EB1-OR. But, if my employer is unwilling to file or support and I choose to use my own attorney to do this,
What are the documents, paperwork, etc. that my employer will have to provide or work on? Do they have to apply for a labor certification, etc.?
Is it a lot of work for them?
Because if it is only providing a letter of permanent employment, I can let my attorney handle the rest.
Any input will be great.

Thanks.
 
* you cannot file EB1-OR without employer sponsorship..

* since you qualified for NIW, I think you may also qualify for EB1-EA.......which is almost same as NIW/EB1-OR except that uscis is a bit strict in approving EA...

go to this forum for more answers: http://www.immigrationportal.com/forumdisplay.php?f=44


**another advise....unless you are extremely busy....and or make a lot of money........self filing EB1-EA/NIW is wise because you will be educating yourself about the immigration process......instead of relying on a attorney who just learnt things by practice.......and for whom your case is just another case...(they do get paid whether it gets approved or denied, right?)
 
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