Urgent help! Just laid-off with PERM/I-140 approved and PD Feb 2008 - 未名空间MITBBS历史存档

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Urgent help! Just laid-off with PERM/I-140 approved and PD Feb 2008

Urgent help! Just laid-off with PERM/I-140 approved and PD Feb 2008# Immigration - 落地生根

t*o2011-09-12 07:09

1 楼

A little bit complicated, thanks for the patience and help!
Case:
1. My wife had her PERM/I-140 approved in Company A, with PD on 2/1/2008;
2. She joined Company B last year and also had her new PERM/I-140 approved
this year;
3. She was just laid off by Company B (but can work through 9/30/2011), and
her 6-year H1B will expire on 5/15/2012 (8 months);
4. She got a offer from Company C who will start to transfer her H1B in next
week
Question:
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD (2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Thanks for the help!

v*k2011-09-12 07:09

2 楼

EB23的问题去EB23版问比较好，那边专家多。这里多半是EB1的

k*w2011-09-12 07:09

3 楼

我来试着回答：
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
只要她能9月底之前收到receipt就可以开始在C公司工作。但是现在H1B好像处理时间挺
长，你们很赶不上
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
所以最安全的可能是先申请H4，拿到以后办理新的H1B
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
应该最好不要。你想说的是company C吧
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
这个不确定，最好在申请的时候附上I140的材料。不过我想对方公司的律师会更清楚
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD （2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Current了应该随时可以递485，你是想问这个吗

t*o2011-09-12 07:09

4 楼

Thanks for your reply!
我来试着回答：
Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
is she out of status?
只要她能9月底之前收到receipt就可以开始在C公司工作。但是现在H1B好像处理时间挺
长，你们很赶不上
(Thanks. We will try to persuade Company C to preimum process this)
Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
first while waiting for Company C's H1B transfer's result? I am on H1B.
所以最安全的可能是先申请H4，拿到以后办理新的H1B
(My company attorney said, H4 approval takes 3-5 months, and cannot premium
pocess this. Her company C might not wait for 4 months...)
Q3: If we do H4 and H1B transfer at the same time, I am a little worried
about she having two visa status (Company B H1B and H4), is that a problem?
应该最好不要。你想说的是company C吧
(Thanks. It's Company C)
Q4: Since she had I-140 approved from Company A more than 180 days, when
Company C initiates the H1B transfer, can she get 3 years extension
automatically? What documents should we provide to Company C to support the
3 year extension? (Please be noted she has only 8 months left on the
original 6-year H1B and her PD is 2/1/2008, not current yet.)
这个不确定，最好在申请的时候附上I140的材料。不过我想对方公司的律师会更清楚
(Thanks)
Q5: If everything goes okay and Company C initiates the new PERM/I-140 for
her later, and her PD is carried over -- what about her PD （2/1/2008) get
current and she doesn't apply for I-485? Or there is no problem she can
apply I-140/485 together when she get the PERM approved, as long as her PD
is still current?
Current了应该随时可以递485，你是想问这个吗
(Thanks. As long as the PD is not retrogressive)

s*t2011-09-12 07:09

5 楼

H1B好像可以加急吧
但是现在H1B好像处理时间挺长，你们很赶不上

H4

【在 k**w 的大作中提到】

: 我来试着回答：
: Q1: Between 9/30/2011 and receiving the Company C's H1B transfer approval,
: is she out of status?
: 只要她能9月底之前收到receipt就可以开始在C公司工作。但是现在H1B好像处理时间挺
: 长，你们很赶不上
: Q2: To be safe, is it wise to transfer her status from Company B H1B to H4
: first while waiting for Company C's H1B transfer's result? I am on H1B.
: 所以最安全的可能是先申请H4，拿到以后办理新的H1B
: Q3: If we do H4 and H1B transfer at the same time, I am a little worried
: about she having two visa status (Company B H1B and H4), is that a problem?

t*o2011-09-12 07:09

6 楼

Here are some progress for her case:
My wife's new employee's HR said the company can transfer her H1B only if
the firm are willing to start her GC process right away. This complicates
the situation because the new firm's management need to approve the instant
GC process with budget, and that might jeopardize the offer itself.
We are quite confused by this: Why the new firm relates H1B transfer issue
with initiating GC right away?
Q1: As in my original post, my wife is in EB2 with PD 2/1/2008, it might
take another 6-8 months to get current. Does she has to submit a new PERM
from the new firm before her PD get current? I thought my wife could retain
her PD (if the previous employer doesn't withdraw it due to fraud) even when
her PD current and new PERM hasn't be submitted.
Q2. My wife's 6-year H1B expires on 5/1/2012 (7 months from now), does her
firm have to submit the PERM before her 6-year H1B expires? I thought her
original/approved I-140 will extend her H1B to another 3 years when doing
the transfer.
Again, we appreciate your thoughts!

k*w2011-09-12 07:09

7 楼

H1B之前的时间好像就挺长，就是LCA那一步

【在 s*******t 的大作中提到】

: H1B好像可以加急吧
: 但是现在H1B好像处理时间挺长，你们很赶不上
:
: H4

k*w2011-09-12 07:09

8 楼

你现在这种情况最好赶紧请个可靠的律师代表你们，让律师跟你们公司解释你们的情况
，根据我的经验，公司不会听你们说的，但是他们会听律师的
个人的血泪教训，该花钱的时候不要省，否则可能损失更大

instant

【在 t******o 的大作中提到】

: Here are some progress for her case:
: My wife's new employee's HR said the company can transfer her H1B only if
: the firm are willing to start her GC process right away. This complicates
: the situation because the new firm's management need to approve the instant
: GC process with budget, and that might jeopardize the offer itself.
: We are quite confused by this: Why the new firm relates H1B transfer issue
: with initiating GC right away?
: Q1: As in my original post, my wife is in EB2 with PD 2/1/2008, it might
: take another 6-8 months to get current. Does she has to submit a new PERM
: from the new firm before her PD get current? I thought my wife could retain

t*o2011-09-12 07:09

9 楼

谢谢答复。
老婆现在公司H1B的最后一天是9月30日。新公司打算给她办H1B Transfer. 但我们担心
两周内公司来不及把材料寄给USCIS，如果收不到USCIS的RECEIPT就无法为新公司工作
。为避免发生两个H1B之间的GAP，我们考虑同时申请H4。但就又担心在H4等待的时候
H1B Transfer被批准，然后H4再被批准就OVERWRITE 刚被批准的H1B transfer.... 好
头疼。
请问这种情况应当怎么处理？当收到H1B transfer批准之后是怎么处理还在PENDING中
的H4? 听说不能简单的WITHDRAW H4，因为那样的话会产生两家H1B之间的GAP....另外
我们打算H1B transfer 用premium process.
我的公司律师讲H4不能用premium process, 大概需要3-4个月才能批准。律师建议如果
下周我老婆的公司进展不快的话，就需要准备材料办理H4，争取在9月29日前递H4材料
出去。。。
的确，从我们把资料寄给新公司到新公司律师递材料给USCIS办H1B transfer需要挺长
时间，以前估计是要1个月左右（广告，LCA等等）
我们现在挺着急的，谢谢回复。

d*92011-09-12 07:09

10 楼

有一点可供楼主参考，就说提交h-1b申请的时候提到自己同时有h-4 pending,请求移民
局先批h-4,再批h-1b.我没有自己做过，所以不确定这是正确的解决办法。有经验的同
学跟进一下。