H1b to GC

[h1bgcgoodluck]

I was on F2 visa and applied for H1b in 2010 and start working for that company "A" but it was denied after 2.5 months. after that they (company "A") filed MTR. There is no result for MTR, initial review, for 4 months so I stop working. I worked for 6.5 months.

I applied for new H1b in 2011 from different company "B" and that H1b approved.

I already consulted few lawyer but diff answer... One lawyer said it is legal work as company has filed your H1b and other says No...

I can apply for Green Card in future?

[Attorney_10]

It appears there are two main issues. The first issue is whether someone who started working while a change of status to H1B was pending is in valid nonimmigrant status. If the answer is no, then the second issue is whether this gap in status will affect one's eligibility to file for an adjustment of status application at some later point in the future. Generally, an individual who has filed a change of status application from a nonimmigrant classification that does not permit employment authorization may not begin working until the change of status is approved and the start date takes effect. In additon, one must have been lawfully admitted and have maintained valid status in the U.S. to be eligible to apply for adjustment of status. Generally, if one has failed to maintain valid status in the U.S., s/he will need to depart the U.S. and apply for a new visa at a U.S. consulate abroad.

Please schedule a consultation with an immigration attorney to discuss the specific facts relating to your case and the different options available to you.

[Chitown01]

You shoudn't have started working untill your petition was approved....since it was change of status

[h1bgcgoodluck]

thanks attorney10 & chitown01.

Straight answer is No. I will not get GC, am I right?

[Chitown01]

Not very sure but uscis usually forgives status violations if they are under 180 days in the past.... but looks like u worked for 6.5 months so not sure

Contact an attorney and sort it out

[wiweq]

thanks attorney10 & chitown01.

Straight answer is No. I will not get GC, am I right?

There are many other factors deciding GC approval. Don't worry and go for GC.

[h1bgcgoodluck]

Thanks Chitown01 & wiweg.

Actually my employer is ready to file my GC but I am worried. If I will file GC then everything will open and I dont want to loose my H1b. Still I have 5 years for my H1b...

[Chitown01]

See no one can predict what will happend with your application, utlimately you will need GC start the process if your employer is ready, take one step at a time. Take the very next step in front of you and see where it leads, eventually you will be where you have to be...

[wiweq]

Thanks Chitown01 & wiweg.

Actually my employer is ready to file my GC but I am worried. If I will file GC then everything will open and I dont want to loose my H1b. Still I have 5 years for my H1b...

Nothing will be open and no one is going to kick you out for your visa history. Your GC filling won't affect your current visa status. Anyways, it takes years to get any kind of update on GC (depending EB1/2/or 3). It seems to be a good chance, not every employer agrees to file GC.