Tn -> H1 -> Gc

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Byteless

Registered Users (C)
my company is filing for my H1 as well as I-140 in EB2 category.

is it a good idea to go for a premium processing?
my LC was done in December 2006

My salary was written low in my LC because the company lawyer was thinking to put me in EB3 category, but now he is saying that there is a risk for not getting the approve I-140, but I will be safe as I will have H1 status.

My question is should I go for a premium processing for 140 in EB2, will that help to later file 485?
 
The H1 is unimportant, you could continue to get TN's....

As to premium processing of I-140: since EB2 is unlikley to retrogress (I'll asume that you are not born in India or china), there is little advantage in premium I-140. It might speed up I-485 approval, but I-485s are taking about 8 months these days, with or without PP on I-140.
 
Well my birth country is Pakistan.

So, in another words, there is no difference to go for Premium processing.

BTW, I have a bachelor degree in Computer Sc. with 5+ years of experience.

It was a big discussion with Lawyer and finally I told him that I will bear the consequence but I have to go for EB2.

Do you think that there will be any issue with the salary written low in the LC and high on offer letter?

any other suggestions?

I know the H1 but company was paying for it and I am only paying for my dependants ($800) which can save me for the next 6 years, that almost the same cost of TN including the travel back to border.
 
Do you think that there will be any issue with the salary written low in the LC and high on offer letter?
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Of course there can. They can say that the LC salalry is too low for EB2. They can also say that your LC was false since the salary offered was inaccurate. Surprising that the lawyer would submit something with less than 100% confidence.
 
The LC was approved in December 2006, my salary increase happen after that, what we can do in this case? Do we have to apply for the new LC?

and we are talking about 7% difference of the amount which shows lower in the LC.

Please advise as my papers are ready to go.

Also I was planing that if I choose not to apply for the H4 thorugh the attorney for my dependents and do that later when I will ready to go outside the border and come back on H1. Is that looks good? any advantage do something like that? Attorney is charging $800.00 (attorney fee + INS fee).
(Company pushing me to go for H1 as they are paying all the fees and everything for myself so, if somethign goes wrong I can still able to work).

It is just a matter to file an adjustment of status along with the relevent documents right?

Please advice.
 
I won't advise you on I-40/LC, you have a lawyer for that -- one that does not seem confident of success however.

Your H1 will take effect on October 1 automatically, unless you have your GC by then. Your family will be in status since they will have filed I-485. None of you should leave the country without H1 or H4 status or AP, or the I-485 will be considered abandonned. If they are getting AP, then they do not need H4 until they return from travel.

I trust that you are getting AP/EAD along with these I-485s, since your TN is useless for travel after you submit I-485, and unless your firm is cap exempt, yoiur H1 will not be in effect until October.
 
nelsona said:
I won't advise you on I-40/LC, you have a lawyer for that -- one that does not seem confident of success however.
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The lawyer is stupid as far as I see him. None of what he said make sense to me. as he also mentioned that he can use the same LC for my EB2 as well.

I just wanted to make sure that before he put my EB2 that my this LC having 7% less salary will be good.

Also for applying H4 for dependents its just filling I-539 with the relevant documents right?

Please advise.
 
Also for applying H4 for dependents its just filling I-539 with the relevant documents right?
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Yes, but pay attention to what I said about Tn and TD status with regards to all your I-485 petitions. Once you've applied for I-485, Leaving the country before Oct 01 will invalidate TN or TD, so you (at least) need an EAD to keep working in between. Leaving the country before Oct 01 without AP will invalidate I-485.


So, be sure that your legal is applying for EAD for you as well as AP for all of you.
 
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