Re: H1-b and Green Card - totally confused!!
 

This is what has sparked off the whole confusion. We had recieved word ages ago that the I-140 had been approved and that everything had been passed to the National Visa Centre.

He is in the EB-3 category, which we knew would take 5-6 years. Our application was dated July 2007 if I remember right, so we guessed we would be another 2 years or so which would have been ok and fitted in with my daughter qualifying and being able to work. If this has all to be started again, then it throws everything up in the air and that was what I was concerned about. Thanks for your reply, it's so frustrating and there's always something round the corner waiting to bite us in the you know what.

Re: H1-b and Green Card - totally confused!!
 

For the GC application, the employer had to get labour certification etc, so I presume that it was being done via Consular processing. We need to find out at this point if we have to start the whole thing again (hope and pray that is not the case) or if we can adjust our status.

I am determined to find out sooner rather than later about the I-140. Thank you for your input. Much appreciated.

Re: H1-b and Green Card - totally confused!!
 

Your husband has two separate cases going on at the same time, which is part of why it is confusing. You know more than you think you do. :)

I don't know most of what there is to know about EB, but I'll try to fill in the blanks.
The I-140 is a "petition".. the employer files this to say 'we need him and he fits the need.'. These can be approved in as little time as it takes to go over it.
When there is an approved petition, it is used for
a) an Immigrant Visa application (if the applicant is outside the US)
b) an Adjustment of Status (if the applicant is inside the US)
Both result in Permanent Residence status (green card).

The AOS application/form I-485 is the actual application for a green card. The I-140 is the company's "application", which must be approved before you can apply for the green card. In addition to its approval, the visa number must also be 'current' aka available.


The wait (as you noted) is for a visa number to be available in your category. One can not apply for a visa OR for AOS until the visa number is available. You know that & said so.
Once USCIS approves the petition and sends it on to the NVC (to wait for a visa number), they are done with it. There is no one (that I know of) that could deny the petition at that point. The Consular Officer has the option to send it back once he gets it (if he thinks it should not have been approved) but you were not at that stage yet, so I am very curious if there is a misunderstanding about the denial.

The H-1B as a totally separate case, is what allowed the applicant (your DH) to be working in the US and waiting for that visa number. MOST companies get you here on the H first and then file the I-140.. as you posted, the employer didn't know the wait would be so long to get him here and working, that's why they did it backward.

What the H-1B does for you at this point is
a) allow you to live/work in the US temporarily and while waiting for the visa number
b) allows you to make an AOS application when the visa number comes (if you want) instead of going away for Consular Processing.

In your opening post, you said that the company 'switched' to H-1B, but it's more accurate to say that they 'added' it.


All of this is basically restating what you have said already, with a few corrections or additions.. you do know, it's just that you have been given confusing information.
Bottom line, as you note, is to find out the status of the I-140 and what exactly the lawyer meant. Hopefully this thread will help you ask him the right questions to find out what you want to know.

In the meantime, you can look up case processing online.. I wonder if you can see the status of the petition? (approved, not, etc)

Re: H1-b and Green Card - totally confused!!
 

Thank you so much for that. I'm glad that I think I understand the process, and you have cleared up the bits that I'm getting confused at. We are going to get the records from my OH's employer tomorrow as his boss is totally ignorant of any denial and is getting as frustrated as us at the Attorney. I will be interested to find out what the actual status is, and I can't thank you enough for making it clear in my head. Have a great Christmas!!! and thanks again. :)

Re: H1-b and Green Card - totally confused!!
 

You're welcome Brat, but be sure to keep an eye on this thread for any corrections! I know my friends here will be happy to add to my post if I screwed it up. :D

PS My suggestion on how to deal with this one specific quesiton is to CALL the lawyer and ask him to say it again. Choose your time wisely and you might actually catch him in the office. ;)

Re: H1-b and Green Card - totally confused!!
 

Thank you, he does seem to be like the Scarlet Pimpernel!! I'll keep an eye, but thank you for all your help. :)

Re: H1-b and Green Card - totally confused!!
 

I merely posted some friendly advice - I am not sure where you got the "sub intelligent" part as I said nothing of the sort. Perhaps you are just frustrated by your situation.

Many people leave immigration matters to their company's lawyers and don't realize they need to get involved themselves to adequately follow/manage the process.

I don't believe I was disrespectful, but apologies if you took offense.

Re: H1-b and Green Card - totally confused!!
 

Sorry, maybe I did over react, but we have been so involved in this from the start and had to do a lot of the work ourselves, ie hubby had to go back to previous employers and collate all the documentation to prove that his experience was over 12 years etc. It is so frustrating and had been pro active up until arriving here in February, and obviously, there is so much to deal with in trying to settle your kids and yourself etc that we only just got round to asking for an update, to be hit with what I said at the start.

I thank you for your input, as I do for everyone who takes the time to post any reply, so have a very Merry Christmas. Hopefully we will be able to clear this up once the festivities are well and truly over. :)