y**c
发帖数: 447 | 1 Serious questions. Please advise. Many thanks !
My current position will end at the end of July, by then my 485 submission (EB1b, based on this current employment) has not reached 180 days. My current employer seems unlikely to revoke my approved 140 and pending 485.
My new employer will apply for a new H1b using PP for me starting from Aug. 1.
My questions are:
1) if my 485 is approved during my new H1b's pending period. Will the later
on approval of the new H1b invalidate my approved 485 or green card ?
2) if my new H1b is approved before my 485's approval, the new H1b's
approval will affect my 485's approval ?
3) if I got the 485 approved because my current employer did not revoke it,
is it illegal to use this green card, because my 485 submission has not
reached 180 days when I leave this current job ? | d*********1
发帖数: 142 | | y**c
发帖数: 447 | 3 EB1b. Many thanks !
【在 d*********1 的大作中提到】
: eb1a or eb1b?
| H*7
发帖数: 4894 | | d*********1
发帖数: 142 | 5 You touch 180 days bar. It doesn't matter if your current employer will
revoke the petition or not. Because in USCIS database, it will show you
change employer in less than 180 days whatever the new h1b is pending or
approved. It is possible that 485 is denied because of it. Therefore the
problem is if you can get the green card. I don't know how many days you
work for your current employer until the end of this month after you submit
your 485. Have you tried to do extension? If you just end the current
contract I think you take risks. JUST MY OPINION. | y**c
发帖数: 447 | 6 By the end of this month, my 485 submission would have been roughly 5 months
which is less than 180 days.
submit
【在 d*********1 的大作中提到】
: You touch 180 days bar. It doesn't matter if your current employer will
: revoke the petition or not. Because in USCIS database, it will show you
: change employer in less than 180 days whatever the new h1b is pending or
: approved. It is possible that 485 is denied because of it. Therefore the
: problem is if you can get the green card. I don't know how many days you
: work for your current employer until the end of this month after you submit
: your 485. Have you tried to do extension? If you just end the current
: contract I think you take risks. JUST MY OPINION.
| d*********1
发帖数: 142 | 7 It seems that if you can work for current employer for one more month, then
you are ok. Have you tried to extend the h1b? Talk to your boss about the
situation. And talk to your new employer if you can start working one month
later. If I were you, I won't take the risk. Because it is a problem of rule
. If 485 is denied, it is almost impossible to get it approved after
reopening. For example, "out of status" is also a problem of rule.If it
happens, 485 will be denied most likely.
Your green card is almost in hand, be careful for your decision. I suggest
you to talk to an attorney to see if they can help to solve the problem.
Sorry I can't help you more. | y**c
发帖数: 447 | 8 Thank you very much for the reply, but the regret is I cannot extend the
current position for one more month.
then
month
rule
【在 d*********1 的大作中提到】
: It seems that if you can work for current employer for one more month, then
: you are ok. Have you tried to extend the h1b? Talk to your boss about the
: situation. And talk to your new employer if you can start working one month
: later. If I were you, I won't take the risk. Because it is a problem of rule
: . If 485 is denied, it is almost impossible to get it approved after
: reopening. For example, "out of status" is also a problem of rule.If it
: happens, 485 will be denied most likely.
: Your green card is almost in hand, be careful for your decision. I suggest
: you to talk to an attorney to see if they can help to solve the problem.
: Sorry I can't help you more.
| p**********g
发帖数: 378 | 9 Take the no-pay leave (~1 month?) from your first EB1B employer.
Do not transfer your H1B to the new employer until you reach 180 days.
Simple and easy.
(EB1b, based on this current employment) has not reached 180 days. My
current employer seems unlikely to revoke my approved 140 and pending 485.
. 1.
later
,
【在 y**c 的大作中提到】
: Serious questions. Please advise. Many thanks !
: My current position will end at the end of July, by then my 485 submission (EB1b, based on this current employment) has not reached 180 days. My current employer seems unlikely to revoke my approved 140 and pending 485.
: My new employer will apply for a new H1b using PP for me starting from Aug. 1.
: My questions are:
: 1) if my 485 is approved during my new H1b's pending period. Will the later
: on approval of the new H1b invalidate my approved 485 or green card ?
: 2) if my new H1b is approved before my 485's approval, the new H1b's
: approval will affect my 485's approval ?
: 3) if I got the 485 approved because my current employer did not revoke it,
: is it illegal to use this green card, because my 485 submission has not
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