James A. Bach’s Answers

So far you have three answers: yes, no, and more questions. More questions wins. This situation is very fact-specific, and you should consult the employer's attorney who handles its H-1B cases.

You should get the extended EAD to March 2013. The visa is only an entry document and does not govern the length of your stay in the U.S. The I-94 does that, and the EAD can be issued for the time left on the I-94.

I would also question your understanding that you can legally stay in the U.S. until the H-1B start date of October 1. There is no "gap cap" protection for those in J-1 status as there is for students in F-1 status (see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=7f1a046c43360210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD). There may be a way to remain in the U.S. until October 1 (when you will be able to...

H-1B status requires employment, and it is a violation of your H-1B status if you work as an independent contractor. Also, your employer (Company A) would be in violation of its Labor Condition Application (LCA) obligations if it does not pay you on a regular payroll (and can be penalized by the Wage and Hour Division of the Dept. of Labor). You can work for two employers at the same time, as long as you have an approved H-1B petition for each (or have an AC21 right to work), and are an...

Both you and the old employer must have a good faith intent to resume the employment indefinitely (and not just to get your green card). That intent may be determined by circumstantial evidence. For example, if you returned to the employment now, and then quit as soon as you received your green card, the USCIS might conclude that the employment was not in good faith.

Your question cannot be answered properly without more information. How did you get your green card? How are your children in the U.S. legally? For example, if you obtained your green card through marriage to a U.S. citizen, the child under 21 may be immediately eligible for a green card, as long as the marriage took place before he or she was 18 years old. Please call my office if you would like to discuss further.

After the I-140 is approved, and your "priority date" is current, the USCIS will consider your application for adjustment of status (I-485) (or, the Department of State will consider your application for an immigrant visa at a U.S. Embassy or Consulate abroad). During this final process in obtaining your green card, the government will determine whether you are "inadmissible". You may be inadmissible if you have committed a crime, or made a misrepresentation to obtain a visa, entry into the U....

"Approvable when filed" normally refers to an I-140, I-130 or labor certification that is filed on or before April 30, 2001. That was the effective date of INA 245(i), a law that provides that valid petitions filed on or before that date will enable the applicant to apply for adjustment of status (i.e., apply for a green card in the U.S.) even though the applicant entered the U.S. illegally, worked without authorization, or overstayed the time permitted under the visa. Once an I-140 is...