Very complicated situation

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permperm

Registered Users (C)
I am a very confused desi physican. I have a complicated case. Too complicated even for some lawyers to handle. I would like to hear from anybody/ everybody with a similar situation.
I have an approved LC/I 140 from previuos employer from 2001. Had to change job and never could filed I 485 at that time.
Filed for NIW/ I 140/ I 485 in Nov 2002. This is a non-J 1 waiver NIW. Approved in Aug 2003. Unfortunately due to the insanity that prevails in USCIS I can get my GC only in Aug 2008 under NIW.
My prior employer is now ready to re-hire me. If I now file for I 485, then it will still take 2 more years to get it approved thro NSC.
I want the previuosly I 140 to be linked to the subsequently filed I 485 (NIW) so that the adjucation may be sooner (since the 485 was filed in OCT 2002 and TSC is now at Feb 2003).
I have asked this question to a couple of lawyers but they do not have an answer.
Anybody with a similar situation, please help.
 
hello permperm
I belive you can link your NIW-485 to RIR approved 140 to move to next step.
Conditions that i am aware are, as you said you have switched the job and probably even the niw-140/485 are with another group/employer but it is usually a self-petetion , your employer only can give supporting documents like you are currently working with ABC medical care, PC at ......./or if it is your own practice you donot need any suppoting affiliation cover letter.
Only probelm that you might encounter is, if you have not manitaned a non-immigrant visa status when you moved, you cannot go back to the same approved employer dependent LaborRIR/I-140. He cannot even refile a new H-1B if there is a resonable lapse of non-immigrant status( remmeber there is no grace period). But generally it is considred
30 to 90 days from last paysub.
But if you are lucky and intelligent, and when you moved you maintaned a valid H-1b/O visa, and your ex employer I-194 is still valid and no nitifications happened to USICS. you may consider back moving to ex employer, maintain your NIW( you can complete 5 years in 6 year time frame. Talk with your attorney and have your current I140 linked to current NIW I-485.
I am not a attorney please consult a good attorney for legal advice.
 
Thank you Indianvictim:
I had maintained H-1B for a while. At one point I had to go out of the country urgently and had to use the AP. Since then my attorney adviced me that I could not renew my H-1B as I was not a non-immigrant any more, I was on AOS.
Anyways, once the old LC/I 140 is linked to the new NIW/I 485, theorotically I should be able to use the EAD to work for previous employer.
I am in the process of contacting more lawyers to see if anybody can shed more light on this issue.
 
> Since then my attorney adviced me that I could not renew my H-1B
> as I was not a non-immigrant any more, I was on AOS.

H1b visa allows 'immigration intent'. From what I know, you can get a new H1b, leave the country and return on the H1b stamp.

> Anyways, once the old LC/I 140 is linked to the new NIW/I 485,

Tricky indeed. A I485 can be linked to a different I140 if the original petition has been approved (iow you can't switch one pending I140 for another one). It sounds like your NIW has been approved, so this should be possible. However, somebody here posted that they have stopped the practice of switching approved I140s recently. I couldn't find any official corrobation for that.

> theorotically I should be able to use the EAD to work for previous employer.

You can use the EAD to work at the 7-11 if you cared to. The EAD is an immigration benefit not tied to the I140. It is meant to keep you from begging in the streets while your I485 is pending (in the good old days, I485 was for the 'registration' as permanent resident. This was a process that allowed you to get a GC after 10 years in the country on whatever status e.g. stowaways)
The only problem with working on your NIW based EAD is the fact that you will have a hard time to proove your continued service in the HPSA at the 2 year mark.

> I am in the process of contacting more lawyers to see if anybody can
> shed more light on this issue.

After you have consulted 10, the 11th one usually doesn't have an answer either. There are plenty of gray areas in immigration law (and particularly its application). You will need someone to do real legal research on this. This means pulling federal court decisions, AAO decisions etc.

Can't you file for CP ?

You could file a second I485 and pray that none of the communication gets mixed up (I was told by a VSC official as well as my overpaid attorney that this is entirely legal and tolerated by the processing centers these days.)
 
Oh, one thing. Although I give my limited morsels of wisdom here, it doesn't mean that I necessarily know more than you about it. Please, follow the advice of someone who has actually studied this rather than anonymous postings on a BB (I don't ask my attorney for health advice either.)
 
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