| Q. |
I-140 and I-485
I am currently on H1B. The Green Card processing happened as below
- LCA was filed with priority Date Nov 30, 2006
- I 140 applied on Mar 2007
- I-485 applied on Aug 2007
- First EAD received on Nov 2007
- Second EAD received on Oct 2008
My questions are -
1) if I switch my employer with same or similar job. Do I have to restart the GC processing from LCA with new employer?
2) After I get my I-140 approved, What is the time period that I need to wait before switching my employer with same or similar job, so that my GC processing is not hampered?
3) If my I-140 is approved and I still have 2 more years left on H1B. But my I-485 is not approved. Can I request for extension of H1B when first 6 Years on H1B is expiring? If Yes, the extension would be for how long?
Lalmani
User's Location:
Streetsboro, Ohio, United States of America
Category:
Employment-based Green Card
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| A. |
Thank you for your question.
You can preserve your green card process by switching to a "same or similar" job by invoking AC21. Your new job must have the same or very similar job duties, title and salary to the current (sponsored) job. By invoking AC21 and filing the necessary documentation with USCIS, you indicate that your new employer will continue to be your sponsor and your process continues to be on track.
In order to be able to invoke AC21 and switch to a "same or similar" job and preserve your green card process, your I-140 must be approved and your I-485 must have been pending for more than 180 days. Since your I-485 has been pending since August 2007, you can invoke AC21 immediately upon I-140 approval.
If your I-140 is approved (but your I-485 is pending) then you can request H-1B extensions for 3 years, once you reach your initial 6 years.
Please let me know if you need help in preparing and invoking AC21 or if you have any further questions or comments.
Best regards. |
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721
www.cilawgroup.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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