urgent, please help, appreciate

J

julianthanks

Registered Users (C)
My husband applied for I485 based on I140 outstanding researcher (I485 RD 12/18/01, RFE, transfer, then interview letter). Our interview in Baltimore is Feb. 2004.
The current employer will not sponsor him in Sept 2003, and asked him to find a job. But he is still working for the current employer now and should be OK until the interview date.
He got a job with same salary and almost same area of medical research.
His EAD is valid until April 2004.
My question:
1. Should he change job now or better after the interview?
For interview, he can ask the human resource of current institution to provide employment letter (the current boss will not provide any letter). But they can only say that he works here with title and salary, it is hard for them to say that the employment is with indefinite time. Another problem is that his boss provided the employment letter when he applied I140. Will the interview officer question why the employment letter was provided by your boss at I140, but now the letter is from the human resource? For the new employer, the boss can mention that the job is with indefinite time in the employment letter .
2. He is working on H1 now. If he moves to the new employer using EAD, is it risky? Because it takes too much time for H1 extension, he does not want to wait.
3. For extension of H1, can he apply for express service ($1000, 2 weeks)? Somebody said the express service only applies to the new application of H1, is it true?
Appreciate your help.
Happy holiday
 
My husband applied for I485 based on I140 outstanding researcher (I485 RD 12/18/01, RFE, transfer, then interview letter). Our interview in Baltimore is Feb. 2004.
The current employer will not sponsor him in Sept 2003, and asked him to find a job. But he is still working for the current employer now and should be OK until the interview date.
He got a job with same salary and almost same area of medical research.
His EAD is valid until April 2004.
------------He should send EAD renewal 4-5 months advance ( with color copy of DL and passport page that has photograph, PP# and DOB many service centers ask for these 2 documents and send RFE, he should also keep valid AP to use AP or not to use is different matter)
My question:
1. Should he change job now or better after the interview?
For interview, he can ask the human resource of current institution to provide employment letter (the current boss will not provide any letter). But they can only say that he works here with title and salary, it is hard for them to say that the employment is with indefinite time. Another problem is that his boss provided the employment letter when he applied I140. Will the interview officer question why the employment letter was provided by your boss at I140, but now the letter is from the human resource? For the new employer, the boss can mention that the job is with indefinite time in the employment letter .
------ Better send new employer letter for future permanent job for indefinite time
2. He is working on H1 now. If he moves to the new employer using EAD, is it risky? Because it takes too much time for H1 extension, he does not want to wait.
------ He can move to new employer with EAD or H1 transfer (I will go for H1 transfer because H1 protects if due to any reason I-485 is denied)
3. For extension of H1, can he apply for express service ($1000, 2 weeks)?
----- YES, that is best option file premium processing
Somebody said the express service only applies to the new application of H1, is it true?
----NO, H1 transfer can be filed with premium processing
 
thanks, ginnu

Thanks a lot for your response.
Another qs:
1. My husband is working in a nonprofit organization now. The new employment is in a private university, like george washington university.
(1)Is there any problem to transfer H-1B from a non-profit organization (since not counted as a H-1B quote) to a profit organization like a private university?
(2)For the transfer of H-1B, does the new employer need to file labor certificate before filing H-1B application to INS?
2. The reason I ask this q is because my husband really do not wait too long because the current boss is torturing him every day.
If not too risky by using EAD, we would prefer to use EAD.

Appreciate your help and Happy Holiday.
 
1. My husband is working in a nonprofit organization now. The new employment is in a private university, like george washington university.
(1) Is there any problem to transfer H-1B from a non-profit organization (since not counted as a H-1B quote) to a profit organization like a private university?
----- NO

(2) For the transfer of H-1B, does the new employer need to file labor certificate before filing H-1B application to INS?
---- New employer has to get LCA from DOL and it is fax back system and can get in the LCA in 2 days and he has to fill up form I-129, you should contact a good lawyer to do H1 to H1 transfer



2. The reason I ask this q is because my husband really do not wait too long because the current boss is torturing him every day.
----- the day H1 transfer is filed with BCIS/USCIS you will get the filing receipt in 8-10 days, with H1 transfer filing receipt he can join new employer and can start work immediately the actual H1 transfer approval notice may take 3-4 months .if he files with premium processing he can get his H1 transfer approval notice in 20-25 days (extra fee of $1000)
If not too risky by using EAD, we would prefer to use EAD.
----- The Risk is only that if I-485 denied due to any reason then he will have to leave US immediately but if he has H1 filed or approved he can stay and work in US . Do whatever you feel better or seek legal advice from good lawyer.
 
thank you very much, ginnu

I am sorry to correct one fact in the original posting:
His boss is not going to sponsor him in Sept. 2004; and I typed Sept. 2003 mistakenly.

You mean if the I485 is denied, he has to leave USA.
----I am having on H-1 now. If the I485 is denied, can I apply H4 for him to make his status valid?
----What do you think the risk of our case based on the information we provided? Just give your own opinion. Do not worry about it. We appreciate your idea.

Another problem is I used AP to go back to our country. There are 2 opinions regarding the use of AP:
1. If I use AP, then my husband's H1 status is invalid, because the I485 is based on my husband's application.
2. If I use AP, then my H1 status is invalid.
What is your idea about this question?
Appreciate your input and best regards.
 
some additions

universities like GW do not come under the cap. They are treated just like other non-profits because they are institutions of higher learning.
Make sure that the university people will apply H1 right away. They are usually notorious for taking their own sweet time. Using EAD may be a better option.
Denial of 485 is almost unheard of unless there are problems with 140. I havent seen anyone on this forum denied for changing jobs, using AP etc. Your case even with changing jobs seems usual. Make sure that new job duties are similar.
I think that using AP invalidates H1 status bit it can be reinstated back (i am not too sure about this fact).
Regards
 
I am sorry to correct one fact in the original posting:
His boss is not going to sponsor him in Sept. 2004; and I typed Sept. 2003 mistakenly.

You mean if the I485 is denied, he has to leave USA.
----I am having on H-1 now. If the I485 is denied, can I apply H4 for him to make his status valid?
**** if I-485 is denied he can not be on H4 after denial he should change to H4 before I-485 denial if you have H1B but with H4 he cannot work.
----What do you think the risk of our case based on the information we provided? Just give your own opinion. Do not worry about it. We appreciate your idea.
------ We are not worried and don’t worry. Better you should go to good lawyer with your issues, because every new post from your side adds some new info.
Another problem is I used AP to go back to our country. There are 2 opinions regarding the use of AP:
1. If I use AP, then my husband's H1 status is invalid, because the I485 is based on my husband's application.
2. If I use AP, then my H1 status is invalid.
What is your idea about this question?
Appreciate your input and best regards
**** If the H1B holder uses EAD then he has to use AP and he/she is not on H1 status.
***If the H4 holder uses AP then H1 holder is still on H1 status.
** If H1holder has H1b approval and working for the original sponsor who filed latest H1b he/she can enter with AP and still can be on H1 status if working with H1 holder employer and can also extend H1. if uses EAD and enters with AP, no H1 status
Read the below links in detail:

http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm
http://www.shusterman.com/hl-99regs.html

http://www.shusterman.com/h1memo500.html.

Your post is has lot of confusion; better post it as new post with every info related to you and your spouse. I am confused if you both are on H1 or only your husband is on H1 status. Better meet good lawyer and sort out the options for you.
 
to Ginnu and age28, thanks

Thank you very much for your good advice.
Appreciate.
Sorry for the confusing.
Regarding the AP and H-1 status:
Both my husband and I are working on H-1 currently. He is the applicant of the gree card. I am his dependent in green card applcation.
I used the AP to go back to our country (the AP is based on the green card applicaion filed by my husband). He did not use AP yet. That is why I want to ask theoretically should my H1 or his H-1 be invalid if I used the AP?
Again, thanks a lot.
Wish you have a nice week.
 
Thank you very much for your good advice.
Appreciate.
Sorry for the confusing.
Regarding the AP and H-1 status:
Both my husband and I are working on H-1 currently.
He is the applicant of the green card. I am his dependent in green card application.
----- It means you filed I-485 based on your husband approved I-140 and your I-485 is derivative and you got EAD AP based on that I-485
I used the AP to go back to our country (the AP is based on the green card application filed by my husband).
----- If you have used AP then you can be on H1 status and can extend H1B status if working for the same employer on H1 status who filed your latest H1 after entering on AP (if you have NOT used EAD, if used EAD you are NOT on H1 status)
He did not use AP yet. That is why I want to ask theoretically should my H1 or his H-1 be invalid if I used the AP?
----If he did NOT use EAD or AP he is on H1 status. use of AP by you(dependent) have no effect on his H1 status
 
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