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pepelepew

Employer backs out of green card processing

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Hi,

I've worked for my current employer for six years (OPT - 0.5 years, H1B - 5.5 years), during which they expressed an intention to process an employment based green card. Once they started to research it (not too long ago), they backed out of their "promise" to process my green card. My H1B visa expires in Feb 2012. My boyfriend (who is an American citizen) and I had originally intended to get married end of 2011. Now I'm having to seriously consider moving up my wedding so I can file a family-based green card application. I would like to receive my EAD (which takes 3 months) before my H1B expires so I don't have to quit my job.

Any other ideas out there (fiancee visa / H1B vacation time recapture?) for procuring work authorization in the interim, so I don't have to move up my wedding?

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please consult a lawyer.

you are well informed of the process and timeline, your limited options for you to extend your H1 without LC or I-140 is re-capture H1 time.

if you don't want any break on your work authorization, you will need to apply EAD card earlier which implies you need to get married earlier. you can get a marriage certificate earlier to apply FB GC and continue with your marriage ceremony schedule on end of 2011.

Originally posted by pepelepew:

Hi,

I've worked for my current employer for six years (OPT - 0.5 years, H1B - 5.5 years), during which they expressed an intention to process an employment based green card. Once they started to research it (not too long ago), they backed out of their "promise" to process my green card. My H1B visa expires in Feb 2012. My boyfriend (who is an American citizen) and I had originally intended to get married end of 2011. Now I'm having to seriously consider moving up my wedding so I can file a family-based green card application. I would like to receive my EAD (which takes 3 months) before my H1B expires so I don't have to quit my job.

Any other ideas out there (fiancee visa / H1B vacation time recapture?) for procuring work authorization in the interim, so I don't have to move up my wedding?

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