GC future job; H-1 ext. revocation upon 140 denial, etc
I have just been accepted into a residency program here at a university. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. My I-140 is in process and I have responded to RFE on oct 16th and have not got any reply so far. Priority date is oct 2007. The residency starts in july
I think I can continue on H1B till my I-140 is pending and since my green card process is in the same department they have assured me that they will not withdraw my I-140 and that I’ll come back and work in the position of research associate after my residency(4years). Please let me know if this is legally possible as they have the intent to hire and I have the intent to join them when green card is approved.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
While the process of application to adjustment of status for my mother-in-law was in progress, (sponsored by my husband, a US citizen), my FIL and MIL came to India for a personal reason and there my FIL got into a medical emergency. My mother-in-law's finger print got rejected and they wanted conduct certificate for last 5 years wherever she lived. Now she is not in a position to travel to US until my FIL health gets stable, but we didn't know how to get the conduct certificate from US without her. That's where Mr. Khanna suggested I contact a congressman of our district and explain him the situation so that he will be able to solve the issue by talking to Immigration officers. This was definitely a helpful suggestion. I am yet to contact the congressman. Will let you know the results soon. Thank you very much for Khanna and his team for doing this great service free of cost.