| Q. |
H1B Transfer Or EAD?? Working Spouse
I am on my 8th year H1B (My labor and i140 were applied and approved thru my H1B employer).
I have applied for my I-485 as a DEPENDANT in my spouse application and i do have EAD thru that.
Now i am getting an offer from a different employer who is asking me to do a H1B transfer.
Can i do a H1B transfer which is valid till 2009 November. Or is it safe to use EAD which is valid till 2010 October?
If i do H1B transfer will i be able to extend it in 2009, Should i invoke AC21?. Also will there be any adverse effect if my I-140 is revoked by current employer?
If i use EAD, Should i apply for H4 to be on safer side?
FOR MY I-485 APPROVAL I HOPE IT IS BASED ON MY SPOUSE APPLICATION AND IS NOT TIED WITH MY I-140 OR PRIORITY DATE
Please advice.
User's Location:
Woodbury, Minnesota, United States of America
Category:
Employment-based Green Card
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| A. |
If you wish to maintain valid nonimmigrant status while your I-485 is pending, your new employer must file a change of employer H-1B petition for you before you begin working for them. Also, if your I-140 is approved (or approvable) and your I-485 has been pending for more than 180 days, you may be able to "port" to your new employer/sponsor under AC21 106(c). The job must be in the same or similar classification. As long as your new employer notifies USCIS of the porting BEFORE your first employer withdraws the I-140 it filed for you, it should not be a problem.
Your alternative to the above is to work under your EAD. This may be simpler and cheaper, but it does not leave you with any backup if something goes wrong with your or your wife's I-140/I-485.
I do not see any need or benefit for you to apply for H-4 because I don't think it is very likely that there will be problems with BOTH I-140s/I-485s. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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| Q. |
Sir, Your response is appreciated.
As i have applied for I-485 as a derivative in my spouse (Husbands) application.
In anyway "DOES MY I-140 HAS AN IMPACT IN MY I-485"?.
Also in ur response you have said
" Also, if your I-140 is approved (or approvable) and your I-485 has been pending for more than 180 days, you may be able to "port" to your new employer/sponsor under AC21 106(c). "
my I-485 is pending for more than a year now. BUT IS PENDING AS A DERIVATIVE IN MY HUSBANDS APPLICATION. AND NOT THRU MY EMPLOYER OR MY I-140. HENCE CAN I STILL BE ABLE TO USE AC21????
Thanks |
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| A. |
You I-140 does not affect or impact your pending I-485.
There are no regulations on AC21, but in my opinion, the statue does not distinquish between an I-485 pending based upon an approved I-140, and an I-485 pending based upon derivative status in another case or petition. You can (or should) only have one I-485 pending at any given time, but you can have multiple pending immigrant petitions, or multiple status as both a principal or a dependent on an I-485. |
| |
Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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