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RFEs and specific queries RFEs and specific queries during Labor certification stage.

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Old 08-11-2009, 01:00 AM
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Default Urgent, Please help!!! amend H1B & AC21

Hi,

I was laid off 2.5 months from Company A, got a new job in Company B and started working a week ago.

H1B (Company A) 8th year.
I-140 Approved (Company A) for more than 180 days.
I-485 pending (Company A).
Have EAD.

Company B wants to "amend H1B." saying that it'll be useful if I-485 gets rejected.
AC21/EAD extensions etc.. Company B says i've to file on my own.

If I "amend H1B", does that cause a problem to GC application?
Can I file AC-21 and also do "amend H1-B" at the same time?

Thanks a lot for your help and suggestions in advance.
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Old 08-27-2009, 02:39 PM
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Hello,

Amending H-1B should not have any impact on your GC application....the GC application is always for a 'future' job. The only thing to ensure is that the GC job description matches the one in GC Labour Application (not necessarily to the one in your H-1B labour certification).

You can have different H-1B while the GC is pending as these two are separate labour certification processes. USCIS may ask why different job out of curiosity, but they can't mandate you to have identical H-1B labour and GC labour.
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