SoCalRK

Hi all,
I'm in a somewhat difficult situation and can't seem to find any clear answers through searching online. I certainly can't ask my employer's immigration lawyer for advice.

I'm on an H1B with my wife and kids on H4's. The H1B's 6 years are up in February 2010 and we have recently submitted the I-140, I-485, I-765 and I-131's but it looks like this can take two years to process.

Is there any way that I can change jobs and stay in the USA while waiting for the AOS to work it's way through the system? I feel confident that I could find a new employer prepared to sponsor me, but obviously I don't want to start a job search unless there is some chance of success from an Immigration standpoint.

Thanks for any advice you guys can offer!!

SoCal

Folinskyinla

Hi:

Then consult with another attorney. You don't give enough in the way of facts to give an answer to your rights under AC 21.

The only thing that I will tell you is that you may very well be stuck until the I-140 is approved. Note that I made direct reference to the I-140 -- the petition must be approved.

SoCalRK

Thanks for your reply, I wasn't sure if it was the AC 21 rules that I should be looking at, sound like I should be.

My interpretation is that it's the I-140 and the I-485 that are significant, once the I-140 is approved the expiration of the H1B seems to be less important.

Folinskyinla

Hi:

AC 21 is a multi-faceted piece of legislation -- including an extension of h-1 eligiblity.

I think this response calls for one of my standard comments: I may be a lawyer, but I am not your lawyer.

Good luck.

ian-mstm

True... *but* the I-140 has to be approved first before the I-485 even kicks in. IOW, nothing happens until the I-140 is approved... and until that happens, you are vulnerable. Trouble is... you have no idea how long it'll take before the I-140 is approved.

Since you "can't ask my employer's immigration lawyer for advice", you should retain your own counsel. Mr. F. is dead on accurate about AC21.

Ian

SoCalRK

Well things seem to be progressing rather quickly. The applications were all received on August 27th '09 and we've already received our EAD's and the I-140 was approved a week ago. Looks like the Nebraska Center isn't as slow as the tables suggest.....I hope Fingerprints tomorrow, then more waiting!

Ozzidoc

Excellent news!

SoCalRK

Phew, worry over!! Got the approval email today!!!! We got Greened!!

Ozzidoc

Yay!! How very exciting