Preserver 7th year H1B while with approved 1140 and EAD

S

someman

New Member
Wondering if I would be able to preserve my H1B status till my GC is completed eventhough I am already on my 7th year H1B?

- Labor, I140, EAD and AP has been approved.
- I1485 is pending.

I am changing employers and wanted to know if attempting to preserve the H1B status even after approved EAD would be against intent?

Also, is filing a second GC application while current I1485 is pending can affect the pending I1485?


Someman
 
Wondering if I would be able to preserve my H1B status till my GC is completed even though I am already on my 7th year H1B?

- Labor, I140, EAD and AP has been approved.
- I1485 is pending.
------------------ You can file for 8th year H1 extension, just attach the I-485 filing receipt withH1 extension papers
I am changing employers and wanted to know if attempting to preserve the H1B status even after approved EAD would be against intent?
---- not a problem
Also, is filing a second GC application while current I1485 is pending can affect the pending I1485?
----- Your new employer can file new LC and then I-140 and you can have many LS or I140 pending
 
Originally posted by ginnu
Wondering if I would be able to preserve my H1B status till my GC is completed even though I am already on my 7th year H1B?

- Labor, I140, EAD and AP has been approved.
- I1485 is pending.
------------------ You can file for 8th year H1 extension, just attach the I-485 filing receipt withH1 extension papers
I am changing employers and wanted to know if attempting to preserve the H1B status even after approved EAD would be against intent?
---- not a problem
Also, is filing a second GC application while current I1485 is pending can affect the pending I1485?
----- Your new employer can file new LC and then I-140 and you can have many LS or I140 pending
Click to expand...

I am not sure why you would file another GC when you are this close from getting the GC, you would be only adding more backlog to the queue and delay your case and others...
 
I am not sure why you would file another GC when you are this close from getting the GC,
----- He may or not may file second GC application he just asked a question and if his employer is ready to file or he wants to file nobody can stop him he is not asking the filing fees from others. He may have some issues that he did not post here and wants to have good back up.
You would be only adding more backlog to the queue and delay your case and others...
------ One case is not going to add more backlog why are you worried by his filing second GC? USCIS has enough I-485, I-140, backlog and write to your congressman or senator to reduce the backlog and that will be much better. Everybody has the right to play safe file second LC or file second I-140 depending on his situation and we don’t know the complete situation of the poster
 
Thanks to both of you for your input.

joyd, I was of the same opinion as you till recently when I was on the verge of losing my job and the only GC that was filed 4 years back. To top it I had exhausted my H1B limits. As we all know, each of us exist here in the US at the uncertain whims and fancies of our managers, employers, and the economy. The total lack of control over our immigration future here is debilitating.

Fortunately, the crisis passed (a miracle, for which my family and I thank God every day). However, it made me rethink my own opinions about filing a second GC. As Ginnu, noted we cannot blame each other for what the system is doing to us.

I may or may not file a second one in the future. Hopefully, I woudn't have to.

All the best to both of you.
 
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