Status during EB3 to EB2 conversion

[sathish_gopalan]

I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.

I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.

Please point me to any thread if this has already been discussed.

[wandmaker]

I am on EAD currently. Priority date is Nov 2004 (EB3).
I just switched to a new employer using AC21. Can I file for my EB2 and then interfile AOS ?.

I understand that we need to file new Labor and I140. What happens at I485 ?. Do we need to revoke the current I485 and then apply for a new one. What will be status at that point and what will happen to the EAD ?.

Please point me to any thread if this has already been discussed.

Your EAD is based of a pending 485, if you withdraw then it becomes invalid. Your status will be AOS until the decision is made on 485.

[sathish_gopalan]

Thanks. What happens when we apply for I485 using EB2 ?.
Do we need to withdraw the EB3 I485 ?. In that case my current EAD becomes invalid and cant we work for three months until we get the EAD using EB2 485 application ?.

[Rajkrish9]

Hi All,

I need urgent help and suggestions for my situations..

I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

In July'2007 applied I-485 which is pending for myself and my wife as well.

EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

OR

2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

It's very emergency..

Thanks,
Raj.

[Rajkrish9]

Public can enlighten their experiences..

Thanks in Advance.

Raj.

[gcdreamer05]

Hi All,

I need urgent help and suggestions for my situations..

I have been working with company A since March'2006. They applied my GC processing with substitute labor of Nov'2004 and got I-140 approved.

In July'2007 applied I-485 which is pending for myself and my wife as well.

EAD card has arrived recently with 2 years of validity till Oct'2010 both for myself and my wife. AP is also approved recently.

With all this I am still on H1-B until 11/15/2008. Since it is going to expire, I have asked my employer to file for my extension.. They came up with very vague options and questions which I have posted down in bold with 1 and 2.

1) We have filed your PERM application for the new position which qualifies for EB2. Please note that since you have an approved I-140, have filed your I-485 and have an EAD card, we will no longer need to maintain your H-1B status. Instead, we will withdraw your current H1 and save the remaining H-1B time left on this H1 for use in the future (if the need arises).

OR

2) If you wish to maintain your H-1B status, then (since your position has changed and we have filed a new PERM application on your behalf), we will need to amend your H-1B visa. Please complete the attached questionnaire at your earliest convenience and revert to me with a copy of your latest I-94 card. Please note that this is not an extension and so there is no need to file the H4 extension for your wife/family.

Please advise which option you want to go with. I strongly recommend option #1, but it is entirely your choice if you want to go with option # 2 and maintain your H-1B status. Please let me know how you want to proceed with your H-1B status.

If anybody come acrossed similiar type of situation or experienced already let me know and this would really help in taking the decision.

It's very emergency..

Thanks,
Raj.

Did you find out from your employer why they refuse to extend h1b , if you have pending 485, then you can still get a 3 year extension.

Talk to them and find out why they are against extending h1b, may be it is their ignorance, or are they worried about paying the extension money i believe which is like 300$, in your best interest it is good to extend h1b than to use EAD...