I140/485 with ex-employer

[rahulus78]

If I-140 and I-485 are filed concurrently by an employer A immediately after transferring H1-B from Employer B to Employer A (PERM has already been approved from Employer A), would there be a problem if there’s an RFE or H1-B transfer is denied? How would H1-B denial effect the EAD or GC?

My PD is current July 2008 under EB3 with employer C. I will port the date and would file I-140 and I-485 concurrently under EB2 category with Employer A.

Experts, please advise.

[Belle]

Once you have I-485 filed, you may stay in the country. If H1 is denied, then you will have to use EAD to work. Your ultimate goal is to get your green card approved, H1 denials you can deal with.

[rahulus78]

Once you have I-485 filed, you may stay in the country. If H1 is denied, then you will have to use EAD to work. Your ultimate goal is to get your green card approved, H1 denials you can deal with.

Thanks Belle for your prompt reply. I have a further question.

How should I proceed with the filing sequence?

(My current H1B with Employer B is valid until July 2014.)

Scenario A: - Suggested by ex-employer A where I'm going to tranfer H1B.

H1B transfer, then immediate filing of I-140 under premium processing and then file I-485 after I-140 approval

(Do you see any issue with maintaining the status before filing I-485 with this scenario? Employer A is suggesting this because I'm going to port the PD so they want approved I-140 attached to the I-485 to avoid any confusion with the USCIS.)

Scenario B: - H1B transfer then I-140 and I-485 filed concurrently.

Scenario C: - I-140 filed and approved, then file I-485 and then finally H1B tansfer.

(Suggested by me which my ex-employer might or might not agree. This is to remove all the status maintenance issue.)

Scenario D: - I-140 filed and approved, then H1B transfer and then file I-485 immediately after done filing H1B.

Please note in all these scenarios I will be going with regular processing of H1B so it gives me sufficient time for I140 and I485.

Please advise which is the most recommended scenario and which one I should avoid at all cost.

[Belle]

How about this - employer files I-140 and you file I-485 concurrently. Once the petition is submitted, you give your notice, and start H1 tranfer. This way, you file I-485 while in status with B, and H1 denial is meaningless.

[rahulus78]

How about this - employer files I-140 and you file I-485 concurrently. Once the petition is submitted, you give your notice, and start H1 tranfer. This way, you file I-485 while in status with B, and H1 denial is meaningless.

I have spoken to my employer and he is not agreeing to your suggested scenario. Do you see any issue with Scenario A suggested by my employer?

[Belle]

You can do everything simultaneously. It's not a problem. What you don't want to do is to apply for H1 a lot earlier than filing I-485. And even then you should be ok.

[rahulus78]

Thanks so much Belle. Your input is very valuable :)