Tenkin

Hello...

I've been in the US for 4 years, on H1-B since Oct. 2003 (TN before
that). I'm assuming that I can be on H1 status until 2009, even though
my current one expires in 2008 (I got a new one with a promotion last
year). Things were moving forward earlier this year toward a GC
through my wife, who's a nurse (schedule A)...my company was paying for
her process, since it would be cheaper and quicker than mine. Anyway,
since then two things: 1) she's pregnant, and 2) We're going to have to
move later this year (I'm being transferred to a different state).

So, this means we had to stop her process since she's going part-time,
and she won't be staying at her current hospital, obviously. It may be
a long time before she works FT again, as she's having twins. Great
news, but we have to go through me for the GC now - I don't want to go
down a path that requires my wife to be FT when she probably can't be.

My major problem is that even though I've got an MBA, my job "prefers"
it, but doesn't require it, so at the moment I'd have to file as EB-3,
which as you know will take many years. There's a chance I can change
it to "required" before the move later this year (we haven't done LC or
anything yet), and if I can go in as EB-2, great (I'm Canadian, btw).

However, if I don't get my job requirements changed and have to file as
EB-3, what are my options? If my H1-B expires before I can get
approval, can I file extensions? If so, for how long? What if I want
to (or am forced to) switch jobs? What can be done to get my GC train
back on track? I'm in the early stages of panic now, as I can see
deadlines way in the distance, but we really want to stay in the US to
raise our family and develop our careers.

Sorry for the long post, and thanks in advance for any advice.

Owen

Posted via http://www.mymigration.net

Amanda

Tenkin

You should contact a a lawyer.

XYZ123

The Nurse thing will work best. There is no need for Labor Certification and the entire process takes just 2 years.

If you file under EB-3 category, be prepared for a LONG wait (at least 5 years). You do not have to worry about H1-B extensions. They have started giving 3-year extensions (indefinite number of 3-year extensions). As you may be aware, people from India and China require between 8 years to 11 years for a decision on EB-3 and that is without any complications.

J. J. Farrell

Tenkin wrote:
    > ...
    > However, if I don't get my job requirements changed and have to file as
    > EB-3, what are my options? If my H1-B expires before I can get
    > approval, can I file extensions?

Yes, as long as you start the GC process before the end of your fifth
year.

    > If so, for how long?

For as long as you are in the Green Card process.

    > What if I want
    > to (or am forced to) switch jobs? What can be done to get my GC train
    > back on track?

Applications for GC through employment are for a future job, As long as
whomever starts the process is prepared to keep it going, you're OK.

Elvira

Is there a chance that your wife could return to work as a nurse after she gives birth and get permanent residence, while you stay home to look after the kiddies for a while?

Amanda

Elvira wrote:
[..]

    > Is there a chance that your wife could return to work as a nurse after
    > she gives birth and get permanent residence, while you stay home to look
    > after the kiddies for a while?

That would be a wise move to get GC quickly.

    >
    > --
    > Posted via http://britishexpats.com

Tenkin

    > > Is there a chance that your wife could return to work as a nurse after
    > > she gives birth and get permanent residence, while you stay home to look
    > > after the kiddies for a while?
    > That would be a wise move to get GC quickly.


Ha! Well, as appealing as that sounds, we're moving for my job, and
her working f/t isn't really an option for a long while...although I
know it would have been much easier going through her. We actually got
some bum advice about it (from an immigration lawyer!) a couple of
years ago, otherwise we'd probably already have GCs by now through her.

Anyway, she'll be back p/t nursing sometime next year...we'll see if we
can go through her later, but in the meantime we have to take the only
option available, which is me. It's good to hear they're doing 3-year
extensions now...is that really true? We'll almost certainly start the
GC process (again) this year (it's only my 3rd on H1-B).

So let me get this straight...if I'm stuck as EB-3, and I'm waiting
another 3-4 years, then get a 3-year extension on my H1-B (putting me
beyond the original 6 years), and THEN switch jobs (to a willing
employer), can I still move forward with my existing application, or do
I have to start over again? If I do, can I still get indefinite
extensions if I get it filed again in time?

Thanks for the advice,
Owen

Elvira

AFAIK, once you've clocked up your 6 years on the H1b, it can only be extended one year at the time whilst LC is pending.

Manish

So let me get this straight...if I'm stuck as EB-3, and I'm waiting
another 3-4 years, then get a 3-year extension on my H1-B (putting me
beyond the original 6 years), and THEN switch jobs (to a willing
employer), can I still move forward with my existing application, or do
I have to start over again? If I do, can I still get indefinite
extensions if I get it filed again in time?

Thanks for the advice,
Owen[/QUOTE]
*** No LC pending more than 1 year no H1 extension after 6 years.
1. LC pending more than 1 year then H1 extension will be for 1 year.
2 .If I-140 approved and unable to file I-485 because of PD then H1 extension can be filed for 3 years.
3. If I-140 approved and I-485 filed and I-485 is pending more then 180 days you can join any employer who is ready to give you future permanent job offer and you invoke AC21.
4.If LC approved and I-140 pending less than 180 days and leave the employer who filed LC and I-140 that employer can revoke/withdraw the I-140 and one may have to start the GC from first step.

Tenkin

    > *** No LC pending more than 1 year no H1 extension after 6 years.
    > 1. LC pending more than 1 year then H1 extension will be for 1 year.
    > 2 .If I-140 approved and unable to file I-485 because of PD then H1
    > extension can be filed for 3 years.
    > 3. If I-140 approved and I-485 filed and I-485 is pending more then 180
    > days you can join any employer who is ready to give you future
    > permanent job offer and you invoke AC21.
    > 4.If LC approved and I-140 pending less than 180 days and leave the
    > employer who filed LC and I-140 that employer can revoke/withdraw the
    > I-140 and one may have to start the GC from first step.
    >

Manish,

Thank you very much for the clarifications.

Owen

ladyofthelake

What visa does your wife have then? H1B spouses are normally H4 and are not allowed to work.
Have I missed something?

Elvira

AFAIR she's a nurse. Magic mushroom visa.

XYZ123

NURSE. They give the GC immediately with no LC required. Over here, the state govt. puts lot of pressure on the licensing body to lower licensing standards for foreign trained nurses. Doctors get angry if any patient is rude to a nurse. Red carpet is completely rolled out for them.

ladyofthelake

But the OP said they had to stop her process and he's now looking to get the GC through his work. So, do they have a GC or not?

Elvira

No GC yet from what I recall. I guess not even nurses' GCs always work according to plan...