What will be impact on I485 ?

V

vipinia

Registered Users (C)
Hi all
speacialy Ginnu Please give your input.

long story in short

We applied I-485 ,EAD & AP in July 2007 with aproved I-140 Eb2 India priority date feb 2006 .After 180 days change employer and file for transfer H1B in Jan 2008 which was 7th year on H1B. First RFE in May 2008 abt employer and details about employees. Rfe replied in Jun 2008 Second RFE in July 2008 about to prove lawfull status in US from first day enter in US. Now our lawyer is advice to file consular H1B and he did on aug 2008. (once H1B petition aproved go out of US and Face Consulate interview in canada or India to stamp visa in passport). and reason my w2 is not enough according H1b Petition last six years .Now we apply to renew EAD & AP aug 2008 which is expiring 10/01/2008. I am still working with new employer using EAD.

Now what will imapct this mass on Our pending I-485 ?

If we wanna go India for short visit ,How we should step forward from here?


Vini
 
Last edited by a moderator:
vipinia said:
Hi all
speacialy Ginnu Please give your input.

long story in short

We applied I-485 ,EAD & AP in July 2007 with aproved I-140 Eb2 India priority date feb 2006 .After 180 days change employer and file for transfer H1B in Jan 2008 which was 7th year on H1B. First RFE in May 2008 abt employer and details about employees. Rfe replied in Jun 2008 Second RFE in July 2008 about to prove lawfull status in US from first day enter in US. Now our lawyer is advice to file consular H1B and he did on aug 2008. (once H1B petition aproved go out of US and Face Consulate interview in canada or India to stamp visa in passport).

and reason my w2 is not enough according H1b Petition last six years .
---------------------does it mean employer did not pay you according to LCA?

Now we apply to renew EAD & AP aug 2008 which is expiring 10/01/2008.
-----------------------------file EAD and AP
I am still working with new employer using EAD.

Now what will imapct this mass on Our pending I-485 ?
-----------------------I dont see problem as I-485 is for future job and H1 is for present job
If we wanna go India for short visit ,How we should step forward from here?
-------------------- go AFTER you get approved AP in hand. go for H1 stamping with consulate and if problem in Visa stamping then use the AP to enter US

Vini
Click to expand...
I highly recommend you to get H1 visa stamp once you get H1 transfer approved and you will get I-94 till your Visa stamp validity and then I don’t see any problem for I-485 even if you were out of status in past.
for more info take advice of your lawyer as he has your papers and your full info.
 
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ginnu said:
I highly recommend you to get H1 visa stamp once you get H1 transfer approved and you will get I-94 till your Visa stamp validity and then I don’t see any problem for I-485 even if you were out of status in past.
for more info take advice of your lawyer as he has your papers and your full info.
Click to expand...

H1b transfer will not aproved because lawyer filled for consular H1b.how this works? do you have any idea?
 
Last edited by a moderator:
vipinia said:
H1b transfer will not aproved because lawyer filled for consular H1b.how this works? do you have any idea?
Click to expand...
lawyer filed H1 and you will get H1 Visa stamp from Consulate (the name of consulate that lawyer wrote on form) once H1 is approved. you will get H1 approved without I-94.
 
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