Suggestion please in my situation

J

jalam

New Member
I am working for company X on H1b and 6 yrs will be completing in June 2006. I have I 485 filed from company Y in Dec 2003 (Priority date : March 2003) and now waiting for adjustment of status due to priority date retrogression. Company X is not aware that I have an adjust of status pending through company Y. I have a one yr EAD that expires in July 2006 as they issue it only for a year.

Now company X is asking me that they will be applying for H1 extention before it expires in June 2006. For that they will need my passport copies and I 94 copies. My I94 has a stamp saying "Paroled-Adj.of status" . This will expose my case to company X that a green card is being in process from company other than the one I am currently working. Is that an issue?

Can I submit my I94 and get an H1 extention? Will the stamp on I94 create any issue with current company X or with USCIS. Please advise how to proceed in my situation.

Thanks
 
If I get it right............you have your H-1 through company Y thats why your I 485 is pending.........
then you move to company X if I am not mistaken.......... If your move was done after six months of I 485 pending and you have done Ac 21 then you are save you don't need H-1 extension at all..........just get your EAD extended and start working on that. If you have not done your AC 21 yet do it now.

Cheers,
IJ
 
No,
The situation is lillte different. I never worked for company Y. They started the GC process with the agreement that I will join them once GC is complete.
Thanks
 
It is totally upto the company X how thay take it..If they dodnot like the idea that you will be leaving them after your GC is done, they may not even extend your H1. I donot think it will be an issue for INS to extend your H1 as long as company X supports your application for H1. Copany X may not get into minute details of your I94.

I am not an expert. Its my understanding. Call any immigration firm and they may give you an advise for little fee or no fee. That is the best thing to do.
 
better ask attorney

I have heard that once you use your Advance Parole then your status will become Adjustment of Status and you should start to use your EAD to work. I really think you need to consult with your attorney.
 
Chandler is wrong!

chandler said:
I have heard that once you use your Advance Parole then your status will become Adjustment of Status and you should start to use your EAD to work. I really think you need to consult with your attorney.
Click to expand...


Chandler is wrong! Using AP doesnt invalide your H1B status. You can still work on H1B after you enter on AP. If you have a valid EAD from Company Y, you could join them incase company X is going to create a problem for you. There is no hard and fast rule that one needs to join company Y, only after GC is approved. I wouldnt worry too much if I was you! Good Luck!
 
jalam said:
I am working for company X on H1b and 6 yrs will be completing in June 2006. I have I 485 filed from company Y in Dec 2003 (Priority date : March 2003) and now waiting for adjustment of status due to priority date retrogression. Company X is not aware that I have an adjust of status pending through company Y. I have a one yr EAD that expires in July 2006 as they issue it only for a year.

Now company X is asking me that they will be applying for H1 extention before it expires in June 2006. For that they will need my passport copies and I 94 copies. My I94 has a stamp saying "Paroled-Adj.of status" . This will expose my case to company X that a green card is being in process from company other than the one I am currently working. Is that an issue?

Can I submit my I94 and get an H1 extention? Will the stamp on I94 create any issue with current company X or with USCIS. Please advise how to proceed in my situation.

Thanks
Click to expand...
It better, not to conceal legal status. You have to tell truth otherwise, a misrepresetation could cause problem in future. A friendly suggestion, be guided yourself.
 
mygc1012 said:
It is totally upto the company X how thay take it..If they dodnot like the idea that you will be leaving them after your GC is done, they may not even extend your H1. I donot think it will be an issue for INS to extend your H1 as long as company X supports your application for H1. Copany X may not get into minute details of your I94.
Click to expand...
Agree. You can get H1 extension with given I-94 and continue working for X. Not a problem if company X is processing your green card. A problem here as company Y is processing your GC. If X is not interested in extending H1, then join company Y. You can also use AC21 ( if you qualify, even w/o AC21 you can take up a job with company Z ) and join company Z if company Y doesn't takes you in. You are safe.

I would join Y if possible as joining Y reaffirms my ( and Y's ) intent to stick with Y.
 
Last edited by a moderator:
jalam said:
I am working for company X on H1b and 6 yrs will be completing in June 2006. I have I 485 filed from company Y in Dec 2003 (Priority date : March 2003) and now waiting for adjustment of status due to priority date retrogression. Company X is not aware that I have an adjust of status pending through company Y. I have a one yr EAD that expires in July 2006 as they issue it only for a year.

Now company X is asking me that they will be applying for H1 extention before it expires in June 2006. For that they will need my passport copies and I 94 copies. My I94 has a stamp saying "Paroled-Adj.of status" . This will expose my case to company X that a green card is being in process from company other than the one I am currently working. Is that an issue?

Can I submit my I94 and get an H1 extention? Will the stamp on I94 create any issue with current company X or with USCIS. Please advise how to proceed in my situation.
Thanks
Click to expand...
I believe your status is that under which you enter the company or specifically change it by submitting a petition to USCIS which is approved. Under your current circumstances you entered the country as an adjustee. So you may not be in a current H1 status anymore and therefore your H1 may not be valid any more hence it can not be extended. What I am saying is based on reading things on this forum over the last couple of years. Of course I may be totally wrong. If I were you, I would seek professional opinion on the subject.
 
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