Under EB2 Labour and I-140 approved, but now on B1/B2 visa

[jayabo@yahoo.com]

Hi,

This is Ms. Jyothi from Canada. I was on H1B in USA which was expired and my Labour certificate and I-140 both approved under EB2. Recently I got canada permanent residency to our family. Now we are in Canada and applied B1/B2 USA visas from Canada and it got approved. We are three memebers of family like my husband, daughter who is 13 years old and me. I am a primary applicant.

My question is when my priority date Jun1, 2007 becomes current, Can we able to file I-485 by travelling from Canada to USA under BI/B2 visa. Please advise in detail.

Regards

Ms. Jyothi

E-mail: ***********@yahoo.com

[Belle]

No, you cannot file an AOS after entry as a visitor.

[Attorney_25]

B1/B2 does not allow dual intent (no immigrant intention allowed). Therefore to enter the US on B2 for the purpose of filing an I-485 would be considered a violation of status, entering on an invalid entry document, and possibly fraud. The I-485 would almost certainly be denied. There are cases where a person who has entered on B-2 can appropriately apply for adjustment later on, but that would not fit your fact scenario.

If your I-140 employer has held the job open for you, perhaps they could also file an H-1B petition for you. You would be able to file adjustment from H-1B status. If the I-140 job is not available to you, you cannot file I-485 in any case.

You might also consider consular processing (assuming again that the I-140 job is still available to you).

You would be well off to schedule a consultation with a qualified immigration attorney to further discuss all your options.

[jayabo@yahoo.com]

Hi,

This is Ms. Jyothi again. My H1b completed with 5 years only. Can I take H1b extension without annual quota approval. Am I right?

Next if we opt for consular processing is it the same time frame for getting the green card?

Regards

Ms. Jyothi

[Belle]

Consular processing will take approximately the same time beginning to end, maybe a couple of months longer. Generally, you can work while in AOS (i.e. filed in the US), but obviously can't while in CP. I am going to recommend CP for you since it is the easiest and cleanest method.

[zachme]

@Atorney_25,

Could you please highlight what are the possible scenarios where in B2 is eligible for AOS ?

"There are cases where a person who has entered on B-2 can appropriately apply for adjustment later" on,

Thanks.

B1/B2 does not allow dual intent (no immigrant intention allowed). Therefore to enter the US on B2 for the purpose of filing an I-485 would be considered a violation of status, entering on an invalid entry document, and possibly fraud. The I-485 would almost certainly be denied."There are cases where a person who has entered on B-2 can appropriately apply for adjustment later on, but that would not fit your fact scenario."

[pontevecchio]

""If your I-140 employer has held the job open for you, perhaps they could also file an H-1B petition for you. You would be able to file adjustment from H-1B status. If the I-140 job is not available to you, you cannot file I-485 in any case.

You might also consider consular processing (assuming again that the I-140 job is still available to you).

You would be well off to schedule a consultation with a qualified immigration attorney to further discuss all your options.""

Why have you decided not to discuss your issues with a Lawyer.??

[jayabo@yahoo.com]

Hi,

I did not get answer to my below question.

My H1b completed with 5 years only. Can I take H1b extension without annual quota approval. Am I right?

Please answer it.

Regards

Ms. Jyothi

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[pontevecchio]

Based on an approved I-140 you are entitled to indefinite 3 year extensions beyond 6 years till your dates are current.

[Belle]

H1 seems like much ado about nothing. Unless the employer wants you to start NOW, I would not do it.

[jayabo@yahoo.com]

Hi,

My H1B terminated by my employer because I was on bench for couple of months during my H1B period. Recently my employer is saying that he would discuss my case with his attorney whenver priority date (PD) is current. My PD is June, 2007 under EB2.

My questions are:

(1) As I am in Canada, so can he able to extend my H1B whenever PD is current? Am I right?

(2) If my employer rejects in doing the green card, then do I need to start from labour, I-140 and I-485 with different employer with old priority date.? OR only I-140 and I 485.

(3) Can I do different employer with consular processing or not?

(4) What are the other chances my employer can do in favour of me or without favour? Please explain in detail.

Regards

Ms. Jyothi

[Belle]

1) Any employer may file for the remaining year. After that year, the employer will have to have an approved non-revoked (not necessarily thiers, though) I-140 to file for further extentions.

2) Not clear what "rejects" means. With a new employer, you will have to redo the whole case and start with LC. Generally, PD can be reused even if your old employer withdrawn your I-140.

3) Yes, but only based on their new LC/I-140.

4) Not sure what you mean...

[jayabo@yahoo.com]

• Hi,

Once I chose the country for consular processing, Is it possible to change to another country for consular processing.  Means I want to choose India, later can I change to Canada for consular processing.

 

Jyothi  

[jayabo@yahoo.com]

Hi,

 

No answers are coming.  I request murthy moderator to post answers through their attorneys.  

My question is:

Is it possible AC-21 in my case?  Still I did not start my I-485 or consular processing.  So Am I eligible for AC 21 or not?

 

Thank You,

 

Regards

Ms. Jyothi

[pontevecchio]

You should consult the firm of Murthy about your situation. You will not get specific replies to your legal queries in the forum. Feel free to give the firm a call.

[Belle]

Honestly... nobody owes you anything here. If you want someone to owe you answers, schedule a paid consultation. Your case is not straightforward, and you don't know enough about your situation to ask the right questions. Asking for answers on an open forum (much less demanding them from attorneys) is not the best way to go.