Resuming GC after 5 years... what are the problems

guslinn

By guslinn,
in I-140

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guslinn Newbie

guslinn

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https://drive.google.com/file/d/0ByfBPK8BQdgKanM2OEx3cFdKaE0/edit?usp=sharing

 

Hello All,

Above, I published the timelines, all the details for me and my spouse and our related associations with our different employers C1, C2, C3 etc... Tried to make it legible graphically instead of writing in an essay like format. Hope it's less confusing! :)

 

Guys I'm seeking answers to following questions based on the information above. Your help will be highly appreciated...

 

The questions are:

  1. Want to convert to H1B to be on a safer side as anything can happen these days. If spouse looses job, then we are out. How valid is my worry?
  2. Having used some of the H1B's time in 2007-2009 (5 years back), if H1B filed now, will I fall under the cap / lottery system or will I get H1B directly without any quota system?
  3. C5 does not do H1Bs (but they are ok for me to work for them on L2+EAD), How hazzle-free is it to switch to H1B from L2+EAD? My plan is to get a project with say C6, work for some time on L2+EAD and then get H1B from somebody and keep working as a consultant / contractor.
  4. Ultimate goal is to get the GC in fastest possible time i.e. by porting my old PD. Considering C1 was acquired by some other company in 2013, is my I-140 (approval with C1), still valid and can I use its 2008 PD for my new GC?
    • Checked the receipt no. of the I-140 on USCIS website and it says "Approved". Hope it's not revoked yet! Not sure how to check the revoked one... :)
  5. If you see the image above, when my I-140 was filed and approved, I was a "Software Developer". Now I am working as "Lead Business Analyst". Will this job-profile change affect negatively in using the 2008 PD?
  6. Is there any other suggestion, that you'd like to give me so as to reach the GC status smoothly? (right from L1/L2 to H1B to GC anything?)

I sincerely appreciate you reading this lengthy mail and answering my queries.

Thank you all in advance!

Best Regards,

Gv~s!

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jairichi Advanced Member

jairichi

Posted
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1. Legitimate worry.

2. If your I-140 is not revoked an employer can file a cap exempt H1B petition.

3. Should not be an issue as long as company is genuine and all documents are in place. Avoid consultants.

4. Yes, you need to talk to an attorney asap as I believe EB2 the current PD is May 1st 2009.

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guslinn Newbie

guslinn

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You can claim the remainder of your H1 entitlement non cap at any time. You need to find a sponsor for the GC and depending on specific dates you can file the I-140 and AOS concurrently once the PERM process is complete.

Hello Pontevecchio,

 

Thank you for your quick reply! :)

I am sorry I am actually unclear on 2 important points:

1. Do you mean to say that I can use the old 2008 PD, even though the employer filing my I-140 no longer exists?

2. Can I use the same 2008 PD, even though my job profile then was different than it's now? (2008: Software Developer, 2014: Business Analyst)

 

Please reply to these two queries. I'd appreciate your help.

Best Regards,

Guss!!

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guslinn Newbie

guslinn

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Thank you So much you both Pontevecchio and Jairichi!

 

I have one last set of queries:

  1. Considering my PD that is current (my PD: 03/2008), will it be wise to start GC process on L2 (L2+EAD -> Perm ->I-140 -> I-485 with 2008 PD) rather than going the H1B route (L2+EAD -> H1B -> Perm ->I-140 -> I-485 with 2008 PD) ? I feel it'll be faster and since PD is current, I may get the GC faster than going by first H1B route.
  2. Or is there any process faster than that? e.g. L2 does not require Perm or something? Just guessing..

Please reply! I sincerely apreciate your enlightening responses!

 

Best Regards!

Guslinn..

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