Strange Situation - Advise Needed

N

neorulz

Registered Users (C)
Following is the chronology of events

1. Labor Filed with Employer A via EB2

2. Switched Jobs to Employer B via H1 Transfer

3. Received LC Approval for Employer A Labor, I-140 Approval for LC of Employer A, soon there after.

4. Employer A: I-485 & I-765 applications filed, FP Done, EAD Recd

5. Employer B filed PERM certification so that at 485 stage I can do transfer of priority dates but now even I-140 cannot be filed since dates have go back so much.

6. I-485 Approval for Employer A filed application (Card Production Ordered in < 180 days; Wife's 485 application is pending)

7. Employer B ready to file H1 & H4 extension (Unaware of my I-485 approval for Employer A application, though they are aware that a 485 has been filed for me & my wife)

Questions:
1. What is the best option for me at this point if I wanna retain employment with Employer B w/o losing GC? Do I have to have to go back to Employer A?

2. Since my wife's application is not yet approved, and our H visas expire May 2008, should I file AP ? Because if I do file H4 extension, then that would mean filing H1 extension and it would not make sense since my 485 filed via employer A is approved already.

Experts any opinions here ?
 
neorulz said:
Questions:
1. What is the best option for me at this point if I wanna retain employment with Employer B w/o losing GC? Do I have to have to go back to Employer A?

2. Since my wife's application is not yet approved, and our H visas expire May 2008, should I file AP ? Because if I do file H4 extension, then that would mean filing H1 extension and it would not make sense since my 485 filed via employer A is approved already.

Experts any opinions here ?
Click to expand...

1. To retain GC you will have to go work for Employer A.

2. File AP for wife, if you are going to travel in the future. H1B/H4 is invalid after getting GC.
 
Can i for eg get a leave of absence from Emp B, work with Emp A for 6mths and then come back and join Emp B ?

Also, do I have to join Emp A ASAP or can I join them 1/1/08 or 3/31/08 ?
 
neorulz said:
Following is the chronology of events

1. Labor Filed with Employer A via EB2

2. Switched Jobs to Employer B via H1 Transfer

3. Received LC Approval for Employer A Labor, I-140 Approval for LC of Employer A, soon there after.

4. Employer A: I-485 & I-765 applications filed, FP Done, EAD Recd

5. Employer B filed PERM certification so that at 485 stage I can do transfer of priority dates but now even I-140 cannot be filed since dates have go back so much.

6. I-485 Approval for Employer A filed application (Card Production Ordered in < 180 days; Wife's 485 application is pending)

7. Employer B ready to file H1 & H4 extension (Unaware of my I-485 approval for Employer A application, though they are aware that a 485 has been filed for me & my wife)

Questions:
1. What is the best option for me at this point if I wanna retain employment with Employer B w/o losing GC? Do I have to have to go back to Employer A?

2. Since my wife's application is not yet approved, and our H visas expire May 2008, should I file AP ? Because if I do file H4 extension, then that would mean filing H1 extension and it would not make sense since my 485 filed via employer A is approved already.

Experts any opinions here ?
Click to expand...

How Did you calculate 180 days?
 
neorulz said:
From 485 Receipt Date
Click to expand...

Try to count it from mailing date. AC21 is not specfic on this date.

Tell the employer you have receieved you Green card. Make some adjustments by Doing part time job for one of these employer. Apply AP/EAD for your wife because she cannot be on H4 any more.
 
Already have EAD for my wife. I will apply for AP.

Now based on what you are saying is I should tell Employer B that I have my GC and work Part-Time for Employer A which actually file for my GC. The fact that I am already employed with Employer B will not matter at all ?

Please advise.
 
GC is for future employment with sponsoring company. So you will need to work for employer A for some amount of time (otherwise this MAY be considered fraud and you MAY have issues during citizenship).
 
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