Unique situation

[ravi_umma]

Hi Everyone,

Here is my situation:

I was working for Company Aon H1 since 2007 and my Priority Date is April 2008 which got current recently.

I went to India this year May 2010 and went for stamping in India. My case was sent to admin processing.

In the mean time I found another employer( Company B big firm with 10K+ employees) and they sponsored me H1 and went to stamping again in India. This time the Visa Officer(VO) issued me a visa but the VO has asked me to write a voluntary letter stating that I request to revoke the H1 from Company A. I wrote the letter, signed it and gave to VO and the VO approved my visa with Company B. I joined Company B in Oct 2010. I got an email from USCIS that my visa with Company A is refused. Now that my PD got current I am planning to apply I485 through Company A.

1.Will I have any issues if I apply 485 with Company A?

2.If so what would they possible be?

3.Company B is also applying for my GC (very early stage ~ 4 to 6 months to get LC approved). Should I wait and apply 485 with Company B or is it safe to apply 485 with Company A.

Please replyand Thanks in Advance!!

[pontevecchio]

Since one does not know the credibility of A it is not possible to give you a sensible reply. Discuss the issues with a Lawyer.

You could file AOS if you are going to join A.

[Belle]

Green card is compeletely separate from H1. There won't be any impact - assuming you were always in status and did not overstay. Why would you want to apply with A if you don't really work for them? A year of wait is not worth throwing your career under the bus.

[my2239]

There is significant risk in your situation although it can probably be addressed

A lawyer would be the best to advise you

Firstly the fact that you signed to voluntarily decline Employer A's H1may indicate that the intent to work for employer A was never there

So when you apply for 485, it is possible that USCIS will reject it because they see no proof to believe that you will really work for Employer A or for that matter work for them in future

Having said so, a lawyer may claim that Employer A's offer was purely future based and that you have changed your mind and decided to pursue it.

He may also mention that you had inadvertently (without full knowledge of law signed the voluntary withdrawal of your H1)

While the claim is a weak one, who knows, it may substantiate your case if you are lucky

My opinion:

1) It will be best to rejoin employer A thereby clearing all doubts

2) For this, Employer A will need to reapply for your H1 and get an approval

If the approval has a I 94 attached to it, you are good to stay back in USA

If not you have to again go through visa processing which obviously is a great risk

But if you have meanwhile applied for your 485, there is some

thin basis (although fragile) for you to stay back in US based on that application.

As you know if USCIS rejects the 485, then all you have is your back up H status

Wishing you the best