Urgent I-140 issue ; Please reply.......

R

Rohila

Registered Users (C)
Urgent..Please Advice..................

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Lawyers, Senior Members, GURU's and all Readers,.. Please,Please advice

I am currently working for Company A on my 9th year of H-1 (b) based on Company A's pending labor petition which was filed 365 prior of 6th year completion of H-1. I extend my H-1(b) every single year from last 3 years. I have been already approved for 9th year extension starting from Oct 2006 - Oct 2007.

Recently my EB3/RIR Labor petition with a PD of 07/03 for Company A has been approved. (Visa number not available)
Also my EB2/PERM Labor petition with a PD of 08/06 for Company B has been approved. (current for my country)
So I am inclined to join Company B but I have few concerns.

My questions are:

1) My current Company A is filing my I-140 this week and I am also planning to file I-140 on Company B within a week. Can I have two different I-140 petition filed at same time with two different companies and two different employment categories and also with two different job titles (Company A - EB3 - Programmer Analyst; Company B - EB2 - Software Engineer)

2) Do I need to file I-140 within 45 days of my PERM labor approval for Company B or otherwise it will be canceled?

3) Do I really need to provide two paystubs from Company B's payroll, in order to file my I-140?
I am on Company A's payroll right now. If answer is yes, It means I cannot apply my petition for a future job? Is it true? What are the chances of I-140 approval for Company B without paystubs?

4) Do I need a H-1 transfer immediately in order to work for Company B? If yes, can I start working immediately for Company B on H-1 petition filing receipt, because the H-1 transfer process will take months for approval?

5) How my H-1 petition for Company B will approve, because my labor for Company A is not pending any more. I was getting extension only because my Labor of Company A was pending? On what basis I will transfer my H-1 to Company B now?

6) Let suppose my petition for H-1(b) transfer on Company B will approve for one more year till 10/2007 based on Company A (approved) Labor. What would happen after October 2007. On what grounds, I will extend my Company B's H-1 (because there wouldn't be any pending labor any more).

7) Let suppose, If Company A will cancel my labor petition once I join Company B. Do you think my H-1 for Company B would remain valid till 10/2007, even it was approved only and only because of Company A cancelled labor? Can I still continue work for Company B?

8) Once Company A Labor cancelled, How would I extend my Company B's H-1 in year 2007?

9) Can I file AP, EAD & I-485 immediately with my I-140 petition for Company B concurrently because visa dates are available for me on EB2 right now?

Thanks in advance, I really appreciate your patience and time.

Regards

Rohila
 
Rohila said:
Urgent..Please Advice..................

--------------------------------------------------------------------------------

Lawyers, Senior Members, GURU's and all Readers,.. Please,Please advice

I am currently working for Company A on my 9th year of H-1 (b) based on Company A's pending labor petition which was filed 365 prior of 6th year completion of H-1. I extend my H-1(b) every single year from last 3 years. I have been already approved for 9th year extension starting from Oct 2006 - Oct 2007.

Recently my EB3/RIR Labor petition with a PD of 07/03 for Company A has been approved. (Visa number not available)
Also my EB2/PERM Labor petition with a PD of 08/06 for Company B has been approved. (current for my country)
So I am inclined to join Company B but I have few concerns.

My questions are:

1) My current Company A is filing my I-140 this week and I am also planning to file I-140 on Company B within a week. Can I have two different I-140 petition filed at same time with two different companies and two different employment categories and also with two different job titles (Company A - EB3 - Programmer Analyst; Company B - EB2 - Software Engineer)

there is no issue - bcoz these positions are future JOBs.

2) Do I need to file I-140 within 45 days of my PERM labor approval for Company B or otherwise it will be canceled?

This rule is NOT yet in law. Just proposal

3) Do I really need to provide two paystubs from Company B's payroll, in order to file my I-140?

NOT required

I am on Company A's payroll right now. If answer is yes, It means I cannot apply my petition for a future job? Is it true?

You can apply

What are the chances of I-140 approval for Company B without paystubs?


100 % - if your education and experiance meet the job requirements in ETA and company is good standing in Ability 2 Pay

4) Do I need a H-1 transfer immediately in order to work for Company B? If yes, can I start working immediately for Company B on H-1 petition filing receipt, because the H-1 transfer process will take months for approval?


Premium process(PP) for both h1 and 140 available so no need to worry about it.

5) How my H-1 petition for Company B will approve, because my labor for Company A is not pending any more. I was getting extension only because my Labor of Company A was pending? On what basis I will transfer my H-1 to Company B now?

fist apply 140 PP for company B - after 140 approval you can appy h1 for 3 years ext with company B.

6) Let suppose my petition for H-1(b) transfer on Company B will approve for one more year till 10/2007 based on Company A (approved) Labor. What would happen after October 2007. On what grounds, I will extend my Company B's H-1 (because there wouldn't be any pending labor any more).

You are porting company B's 140 for h1B- no more to deal with company A

7) Let suppose, If Company A will cancel my labor petition once I join Company B. Do you think my H-1 for Company B would remain valid till 10/2007, even it was approved only and only because of Company A cancelled labor? Can I still continue work for Company B?

answer in point 6 above

8) Once Company A Labor cancelled, How would I extend my Company B's H-1 in year 2007?

answer in point 6 above

9) Can I file AP, EAD & I-485 immediately with my I-140 petition for Company B concurrently because visa dates are available for me on EB2 right now?

Yap

Thanks in advance, I really appreciate your patience and time.

Regards

Rohila
Click to expand...
 
Rohila said:
What are the chances of I-140 approval for Company B without paystubs?
Click to expand...

A0001 said:
100 % - if your education and experiance meet the job requirements in ETA and company is good standing in Ability 2 Pay
Click to expand...

Also, keep in mind that for eb2 I-140, there can be check if the job really requires eb2 (ie MS or BS+5). If there are other employess in company with same job title with less exp, I-140 can be denied.

In general, there is more scrunity involved for eb2 I-140.

You want to consider maintaining H1B status atleast until I-140 is approved.
 
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