Complex situation I 140 approved and now want to go on H4.

[Khushi18]

Dear friends,

 

I am posting my immigration issue which to me seems somewhat complex. Please provide your suggestions.

 

my background

 

1. I 140 approved through company A (consulting company) with PD March 2011. EB2 India.

2. Currently, working for company B full time as I had to move close to my family due to pregnancy and childbirth.

3. Now, I am planning to switch my status to H4.

4. Company A promised to continue my GC and promised to file I 485 when PD becomes current (god knows when) - BUT company A has some conditions that I should be working with them at the time when they file I 485. They said that this is USCIS requirement.

 

Questions I have:

 

1. Is it legally possible for company A to continue with my GC as I am not working for them at present.?

2. Do I have to be working with company A at the time my PD becomes current and ready to file I 485?

3. Can company A file for I 485, if I am on H4 status? I won't have salary stubs when I file for I 485.

4. If none of the above is true then is it possible that I go back and start working for company A once I approach my priority date?

 

I intend to work full time with company A once my GC gets approved. But at present I can not work with company A as I can not relocate with kid. My husband is fellow in training on H1b so he can not move with me as well even if I decide to relocate.

 

Thank you all.

 

[jairichi]

1. Yes, as a GC is for future employment.

2. Once you get GC your employer has to have that particular position filed for your GC.

3. Yes.

[livliv]

1. Yes

2. Yes, that is company A's own internal requirement.

3. Yes, that can be done

4. N/A, but you can. You will have to switch to H1B or get EAD before you can start working

[Khushi18]

Thank you jairichi and livliv,

 

to further clarify the issue,

 

my husband has one more year to finish his fellowship and then we can relocate. My PD is March 2011 and I do not see it becoming current for atleast one year from now. I am planning to go on H4 for next one year, and then go back on H1b with company A and start working. Hopefully PD may become current by then.

 

Is there anything wrong in doing that? I mean will USCIS see something suspicious, if I go back with company A on H1b around the time PD becomes current?

 

In worst situation, I may not be able to work at all with company A when PD becomes current. Is it okay NOT to work with company A when they file I 485? From USCIS point of view? Company A wants me to work with them when they file for I 485. Their argument, if I work with them when they file for I 485, USCIS will not question company's ability to pay me in future and less chances of getting RFE.

 

Thank you very much.

[Khushi18]

I am just posting a new question here as the question is related to the previous thread.

 

My current company B wants to keep me and not happy with my decision to go on H4. They have given me an option of working part time, say for example 3 days/week or 5 half days a week (around 24 to 25 hours in total).

 

 

Can I work part time being on H1b?

 

Is there any minimum hours/week or days/week that I need to work in order to legally maintain my H1b status?

 

Thank you all. Please answer this question.

[jairichi]

Thank you jairichi and livliv,

 

to further clarify the issue,

 

my husband has one more year to finish his fellowship and then we can relocate. My PD is March 2011 and I do not see it becoming current for atleast one year from now. I am planning to go on H4 for next one year, and then go back on H1b with company A and start working. Hopefully PD may become current by then.

 

Is there anything wrong in doing that? I mean will USCIS see something suspicious, if I go back with company A on H1b around the time PD becomes current?

 

In worst situation, I may not be able to work at all with company A when PD becomes current. Is it okay NOT to work with company A when they file I 485? From USCIS point of view? Company A wants me to work with them when they file for I 485. Their argument, if I work with them when they file for I 485, USCIS will not question company's ability to pay me in future and less chances of getting RFE.

 

Thank you very much.

Nothing wrong in moving to H4 and later to H1B.

I-485 is filed by you and not employer. It is not necessary for you to work for employer that filed your GC at this stage.

[jairichi]

I am just posting a new question here as the question is related to the previous thread.

 

My current company B wants to keep me and not happy with my decision to go on H4. They have given me an option of working part time, say for example 3 days/week or 5 half days a week (around 24 to 25 hours in total).

 

 

Can I work part time being on H1b?

 

Is there any minimum hours/week or days/week that I need to work in order to legally maintain my H1b status?

 

Thank you all. Please answer this question.

Yes, you can work part time. For that your H1B petition has to be amended.

[Khushi18]

Jairichi, Thank you very much for providing your input.

[livliv]

If your husband had I-140 approved, you could even get the new H4 EAD. Even I-140 EAD is coming soon if you want to wait.

 

Unless you have your own reasons for not working, there is no immigration requirement that you should stop working with B. As before, you can continue working with B until you are ready to file I485.

[Khushi18]

thanks livliv,

 

"poor" husband is depending on me to have his GC. He used up his three years of H1b doing IM residency and then he is going to use up his remaining three years in doing card fellowship. His program does not support for GC while in training. he is applying for NIW, though.

 

That is why it is important for both of us NOT to mess up with already approved I 140 for me from company A.

 

I have my own reasons not to work, mainly small kid. But in the mean time, I just accepted part time offer from company B on H1b. Hopefully, I 140 EAD will implement soon.