I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br>
How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376
FAQ Transcript
I started working in the USA at my current company as a technical engineer, and they sponsored my GC application under the EB2 category. Recently, I was promoted to a manager position where I now oversee a team of 10 individuals. I'm wondering if I qualify to apply for a GC under the EB1 category based on my managerial role.
What are the available avenues to pursue a GC under EB1 as a manager in my current situation?
The answer is yes, but remember, EB-1C requires that you have worked for a branch or a sister company affiliate of this company outside the U.S. for one year as an executive or managerial employee, or equivalent.
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