Dear Mr. Khanna,
Thank you so much for taking this question.
We came to the US in year 2000. Filed for Employment based Green Card/ Labor Cert in Feb 2002 thru a company called ABC based in NJ. We received our Labor in Oct 2004 and filed for I 140 which cleared in 3 days and filed for the I-485 in Dec 2004. The USCIS recd the application on Jan 3rd, 2005. The visa numbers were current in Dec 2004 (when the application was sent in) but were retrogressed in Jan 2005 (when USCIS recd the same). The USCIS should have rejected the application but they accepted it. They subsequently gave us 3 EAD cards for three years. We had an interview for adjustment of status in Oct 2005, but we were told that the visa numbers were not current and we should receive our green card once the visa numbers became current. This was all done when we were in MI. We moved to VA in Dec 2005 and changed the employer using AC 21 rule. The new company was called XYZ. Till Nov 2006, I had my h1 B valid but I started working on the EAD and did not get the H1 B extended. Then again in Jan 2008 we were called again for an interview for adjustment of status but there they informed us that our I 485 application was accepted in error and the I 485 was denied. AT this point we had no valid visa to fall back upon. But with our Lawyer, we filed for the H1 B extension thru XYZ on Approved i-140 before the rejection notice came to us. The H1 B extension petition was approved but we did not receive the I-94 with it. We filed the H1 B extension petition again, this time on humanitarian grounds that it was the mistake from the USCIS and not just once but twice, the USCIS gave us the H1 B approval with I-94 in March 2008 (this is now valid thru March 2011). Meanwhile we filed the Labor cert (PERM) again thru XYZ in Dec 2008. So far till now (Sept 2009), we have not received the labor approval.
Q. If our old priority date becomes current, would you suggest that we file the I 485 thru our old company ABC? If yes, do we need to transfer the h1 B to ABC and when?
Q. Is there any such rule/ regulation that a consultant can not go from W2 to Corp to Corp arrangement for receiving payments, from the same company (XYZ) without a gap on the same client contract?
Q. My wife also filed for the H1 B in 2008 and received an approval with I-94 and started working in Oct 2008, if we receive EAD and she starts to work on EAD, does she save time on H1 B? and how does she let the USCIS know that her H1 B time should not be used while she works on EAD.
If she needs to get back on H1 B for any reason could she do that and how?
Your help is deeply appreciated and has guided us thruough this difficult process in the past. We are grateful for that and hope that your advise will guide us again.
Thank You.
