Urgent Help needed

S

sooryan

New Member
Hi,

Happy to join with you guys.
I have couple of questions that someone can help me.

1) My employer filed my Greencard in the EB2/RIR category and I am waiting for my I140 approval. INS asked RFE on June**,02. My attorney replied on 22 July 02 (RFE is for clarifying why this case filed in EB2).
I have master degree and 8 yrs. experience in the IT field.(5 yrs. in US). Iam not sure that why they asked this query in the I140 stage.

2) I am currently out of project for 4 weeks. My employer didn't pay anything in the bench period. But, they are asking me to go for vacation. My question is will it be a problem for me if I go for vacation and is it must that employer has to pay in the bench period after labour cleared?
After few days, he said another option that he has arranged another H1B with other company, but no problem with GC processing. My question is will it be any problem in the GC processing if I transfer (or) get H1B with another company? I still don't understand why he is asking like that.

Pls. respond this.

Sooryan.


Block
 
GC is for a future position...

GC-Labor approval has nothing to do with what the employer has to pay you.

Assuming that you are on h1, irrespective of whether GC process is going on or not, you should be paid per contract. Bench is not an INS approved status.

But you can proceed to do a h1 transfer and your employer can continue the GC process. After GC approval you will have to join the sponsoring employer is all that is required in an employment based GC process.

The question is will the Employer pursue your GC?
However please be aware that with concurrent 485 and 140 filing possibilities, you should be able to leverage this and get EAD and preserve your GC process for ever. (unless the RFE is an indication of I140 rejection)
 
Hi ,
I need some answers.
My situation is I was working for Company A and company A applied for my GC.
I switched over to Company B.
Now at what stage of GC, i should go back to company A.
Since we can file for the 140 and 485 concurrently and EAD at what point i should join the company A.
Is it after 485 approval or what?
thanks so much.
bhaskar
 
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