Question on unlawful status

T

tanjar

Registered Users (C)
Hi All,

First of all thanks everyone for answering questions posted on this board. My situation is , i was working for company X and thru a labor substitued petition got my 140 approved and applied for 485. Its been around 10 months since i applied and also 8 months since my 140 was approved. Also got my EAD and AP. The company then had a salary cut and my salary went below the salary stated on the labor petition. In the meanwhile two years back i started my labor application with company 'Y' and it recently got approved. I accepted the offer from company 'Y' at a salary greater than mentioned in my labor petition with company 'X' and hence used my EAD to start work for 'Y'

I then went to the attorney company 'Y' uses and asked him if a backup 140 petition with my newly approved petiiton can be used, He says i have to be on H1 for that. Also says if my 485 which i filed thru 'Y' gets denied sometime down the line for whatever reason i will be counted as out of status for more than 180 days and cant reenter for 10 yrs. My understanding is u never accrue unlawful status while on 485 and its never counted for 3 or 10 yr bar on re entry. Am i correct on that ? Also dont understand what he means by saying i need to be on H1 ? I do understand the advantage of being on H1. In the event my 485 gets denied my understanding is i need to leave the country , appl for a H1 with the company 'Y' and get it stamped from my home country ? I just beleive that 3/10 yr theory given was wrong . Guru's please advice.

Have a nice weekend

Cheers

Tanjar :confused:
 
Originally posted by tanjar
I then went to the attorney company 'Y' uses and asked him if a backup 140 petition with my newly approved petiiton can be used, He says i have to be on H1 for that.
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Incorrect. You do not need to be in any status for an I-140 to be filed on your behalf.

Also says if my 485 which i filed thru 'Y' gets denied sometime down the line for whatever reason i will be counted as out of status for more than 180 days and cant reenter for 10 yrs.
Click to expand...

You cannot retroactively accumulate illegal presence. If your I-485 is denied, the illegal presence clock will begin on the date the adjustment was denied.

Seems like this so-called attorney doesn't have a good grasp of the immigration process.
 
Hi Real canadian,

Thanks for the reply. Also since i am labor substitued and 485 is pending for close to 10 months with 140 approved for more than 8 months do u see any issue with me having changed my jobs . My job duties are exactly the same and salary is more than that stated on the labor. Also do u think its a good idea to file a backup 140 petition with consular processing option with my new employer. My thinking is if i my 485 gets denied for any reason i will leave the US and process my consular processing by which my 140 would have gotten approved.

Thanks once again guru's

Tanjar
 
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