H1B Question

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02-22-2013, 12:49 PM
gkjppp

H1B Question

Spec/Q/Guru's

as this is more visible thread, posted under this. please move to appropriate thread.
My PD is 03/2010(EB2I category). its a day dream to think about GC in near future. so i am planning to use AC21 and take a fulltime opportunity.
I have below questions

These days , seeing more I485 rejections on trackitt because of I140 revocation ( after 180 days).if I485 denied, we need to go for Motion to reopen route.My H1 was expired this Jan.
Can we apply for new H1B during motion to reopen period? does it comes under new H1 quota or H1 renewal?Or i can't apply because i have already completed 8 years in US and my I 140 will be revoked, hence no new H1?
I see 25% more money in new job. roles and responsibilities are inline with perm. Have to make a decision in a week or so. right now working as a contractor there, they may cancel my contract if i say no to the offer. please suggest.
02-25-2013, 10:47 PM
qesehmk

gk - i see this question is long unanswered. Can you please rephrase better and clearly state your situation. I found it difficult to understand.

Quote:

Originally Posted by gkjppp

Spec/Q/Guru's

as this is more visible thread, posted under this. please move to appropriate thread.
My PD is 03/2010(EB2I category). its a day dream to think about GC in near future. so i am planning to use AC21 and take a fulltime opportunity.
I have below questions

These days , seeing more I485 rejections on trackitt because of I140 revocation ( after 180 days).if I485 denied, we need to go for Motion to reopen route.My H1 was expired this Jan.
Can we apply for new H1B during motion to reopen period? does it comes under new H1 quota or H1 renewal?Or i can't apply because i have already completed 8 years in US and my I 140 will be revoked, hence no new H1?
I see 25% more money in new job. roles and responsibilities are inline with perm. Have to make a decision in a week or so. right now working as a contractor there, they may cancel my contract if i say no to the offer. please suggest.
02-26-2013, 10:40 AM
pdfeb09

Quote:

Originally Posted by gkjppp

Spec/Q/Guru's

as this is more visible thread, posted under this. please move to appropriate thread.
My PD is 03/2010(EB2I category). its a day dream to think about GC in near future. so i am planning to use AC21 and take a fulltime opportunity.
I have below questions

These days , seeing more I485 rejections on trackitt because of I140 revocation ( after 180 days).if I485 denied, we need to go for Motion to reopen route.My H1 was expired this Jan.
Can we apply for new H1B during motion to reopen period? does it comes under new H1 quota or H1 renewal?Or i can't apply because i have already completed 8 years in US and my I 140 will be revoked, hence no new H1?
I see 25% more money in new job. roles and responsibilities are inline with perm. Have to make a decision in a week or so. right now working as a contractor there, they may cancel my contract if i say no to the offer. please suggest.

gkjppp,

If I understand your situation right, then you have already applied for your 485 and are beyond 6 months after the 485 Receipt date. If this is correct, then you can avail AC21 provision and change jobs on EAD.
Even if the employer revokes your I140, your GC process will(should) continue unhindered so long as you have a job "similar" to the one mentioned in your labor.

Now, there could be RFEs and if USCIS does not understand your situation properly, they may send you a NOID (Notice of intent to Deny). A good lawyer will be your best friend in that situation. I would suggest get a good attorney involved right from the get go for AC21. However, you are not doing anything to warrant a denial according to the law (unless ofcourse, you have some skeletons in your closet :) ).

I do not know much about the H1 situation you are trying to envision, but in my opinion you will not need it. From the look of it, if you really need your H1 after the 140 is revoked, you will have to leave the country for a year and come back on a New H1. I do not think you will be able to get a new H1 during the motion to reopen request for a denied (or would be denied) I 485.

Since you are on EAD/AP, do not worry about the H1 scenario (it has expired in Jan anyways).

Hope this helps.

PS: Did I mention get an attorney right away ? !