Questions: HELP ME!!!

[SPASK]

Hi Experts,

I am new to this forum n I would like to clarify few things. I applied my I140 & 485 concurrently using a Sub labor (PD May 2003) in Dec'04. I got the EAD in Feb'05. Currently I have 1 more year left on my H1 (for 6 yrs limit). Now I got a decent full -time offer from a well reputed company. I know, I can't change employer before 180 days and without I140 approved. So I asked them to take me as a consultant for few months and then I can take the full-time. They are still reviewing this option, but I need to know few things. Is this I140 approval is compulsory even with visa restrog cases? What you guys suggest. One good thing is it is the similar job with the new company.

SPASK

 

[grunggy]

If you are asking will the USCIS process your I-140 even if you are from a retrogressed country then the answer is yes. The I-140 will be processed; it is the I-485 that will not be ajudicated until your priority becomes current.
Or so their story goes.
To use AC21 your I-485 has to be pending for 180 days and yes the I-140 has to be approved.

 

[snafu]

I'm in a similar situation.

Your I-140 must be approved before you can switch jobs.

I started on my current project on a contractor-to-hire basis last December. I informed them that my I-140 could come through anytime. But I requested them to wait for atleast 6 months. My 6 months will be up at the end of May'05. Meanwhile I talked to my manager and the HR department and convinced them to renegotiate the rate with the vendor so that the contract could be extended indefinitely (without breaking their budget). The vendor has come to an agreement with the client. The client is ready to extend the contract and wait till I'm ready to join them.

It might not be possible in your case. But you got nothing to lose by talking to your manager. Ask him to come up with a rate that would be close to the hourly rate/cost that the company would incur if they hire you on a fulltime basis. E.g. if they offer you $100,000.00/yr, you can ask them to renegotiate your contract with your employer directly at say $60-$65/hr.

There are options open to you. You have to approach your manager and talk to him and look at the issue from his perspective. Cost is the biggest issue as far as he is concerned. So if you both can come up with a number that would help him keep his costs low, then you can talk to your company people and convince them to go along.

In the meantime, if your I-140 comes through, you will be ok.