Bakha777

Hello All, I apologize if there already posts about this. I searched a lot and couldn't find a definitive answer. Here is my case: - I have pending i-485 since Feb 2015. - I went out of US and returned in June on Advanced Parole. - My H1b approval, which was issued was issued in 2012 will expire on Oct 10,2015 (have used 3 years of H1b so far). - I have been working for the same company that sponsored my H1b and greencard. As a back-up, I was wondering if I can extend my H1b status, in case I-485 gets rejected (I-140 is approved btw). Lawyer says I cannot extend H1b status, because I am not on H1b currently and instead in parolee status. She believes in case my I-485 gets rejected, I will have to leave the country and get H1b stamped and reenter using H1b. However, I have read about Cronic Memo from 2000 (see link below from Murthy website with the post from 2008). Is it still valid? http://www.murthy.com/2008/03/21/effect-of-travel-while-in-h1b-l-1-status-and-pending-i-485/ Can I apply to change my status back to H1b while I-485 is pending? Is Cronin's memo from 2000 still valid/accurate? Since Oct 10,2015 is fast approaching, I don't want to lose the opportunity to extend H1b if I can do it. Can somebody please give a clear response to this? Thanks

Hello. I received following I-485 RFE (EB2 ROW): "The documentation submitted with your application and a review of USCIS records shows that you do not reside in the same state or geographical location as the underlying Form I-140 immigrant visa petitioner. Your form G-325A and application indicate that you reside in City A, NJ. The employer is in City B, Iowa. Therefore, submit a currently dated letter from your original Form I-140 employer which addresses this discrepany. The letter should also indicate the terms and conditions of your employment-based visa petition (or labor certification) continue to exist." My situation: I work for this consultancy company for 5 years (they are based in Iowa). I have been living in NJ for the same time and working in one of their clients here. So, I have been here at the time they started greencard process (with Labor certification) 2 years ago. Perm Labor Certification address is Iowa. My H1B LCA address is New Jersey, where I currently work at client location (FYI). So, what are your opinions on this? My company is working with a lawyer who will be working into this, but I wanted to get other thoughts. I believe greencard application is for the future position that will be available immediately once applicant is eligible to start working. Under my H1b, I can continue working in NJ and once my greencard application is fully approved, technically then I will have to be in Iowa office for work to be in compliance with Labor certification employer address. Is that correct? Do we simply provide a letter stating the coditions of the employment-based visa petition continues to exist? Thank you