Tweet
Hi
I'm on H1-B visa and my wife is on H4. We have one son who is a US Citizen.
My I-140 was filed with a priority date of Jan13 2013 under EB2 Category.
I'm planning to downgrade my application to EB3 so I can file for Adjustment of Status and EAD. I still work for the same employer who filed my initial I-140.
I have below mentioned questions :
1. When I was hired by my company in July 2011, my offer letter had a salary of 85K. Right now my salary is 132K, is that a concern when porting to EB3 ? MY=y title is still Software Engineer (same as what my perm application had).
2. My current company is in process of getting acquired and I'll have a new employer by March 2021. In case we file the EB-3 downgrade by end of Oct and if my current company is sold before I get the approval then what are my options ? Will I still get an EAD or do we have to wait to re-file the Adjustment of Status (EAD) until my H1-B transfer and perm application are completed by new company (which may take another year)?
3. If for some reason my EB2 to EB3 porting application is rejected then can I still file the EAD under EB2 (when EB2 dates become current) ? If not then what are my options ?
4. My wife's passport expired in May 2020 , however my current H1-B and her H4 is valid till July 2021. We got her passport renewed but didn't realize that her i-94 had also expired since it had the same date as passport expiry which was May 2020. We filed the mercy petition. Can we file for her EAD although she doesn't have a valid i94 or do we need to wait till the Mercy Petition is approved and she gets a valid i-94 ?
I'm on H1-B visa and my wife is on H4. We have one son who is a US Citizen.
My I-140 was filed with a priority date of Jan13 2013 under EB2 Category.
I'm planning to downgrade my application to EB3 so I can file for Adjustment of Status and EAD. I still work for the same employer who filed my initial I-140.
I have below mentioned questions :
1. When I was hired by my company in July 2011, my offer letter had a salary of 85K. Right now my salary is 132K, is that a concern when porting to EB3 ? MY=y title is still Software Engineer (same as what my perm application had).
2. My current company is in process of getting acquired and I'll have a new employer by March 2021. In case we file the EB-3 downgrade by end of Oct and if my current company is sold before I get the approval then what are my options ? Will I still get an EAD or do we have to wait to re-file the Adjustment of Status (EAD) until my H1-B transfer and perm application are completed by new company (which may take another year)?
3. If for some reason my EB2 to EB3 porting application is rejected then can I still file the EAD under EB2 (when EB2 dates become current) ? If not then what are my options ?
4. My wife's passport expired in May 2020 , however my current H1-B and her H4 is valid till July 2021. We got her passport renewed but didn't realize that her i-94 had also expired since it had the same date as passport expiry which was May 2020. We filed the mercy petition. Can we file for her EAD although she doesn't have a valid i94 or do we need to wait till the Mercy Petition is approved and she gets a valid i-94 ?
Comment