My employer filed my I140 (under EB3) and got it approved on May 4, 2016. Since it was taking long, I converted to H4 EAD in between and continued my work. Now that my I 140 got approved, what are my options? Do I need to go back to H1 or can continue on EAD if I want?
Also if my current employer is willing to do EB2, can I initiate that? Will I get the same priority date?
Request your expert advice on this.
You can either remain in H-4 EAD status or change back to H-1. Whether or not you want to apply under EB-2 depends on many factors. Please see https://www.avvo.com/legal-guides/ugc/green-cards-through-employment
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Do I need to go back to H1 or can continue on EAD if I want? It is upto you and your employer
Also if my current employer is willing to do EB2, can I initiate that? Your employer decides
Will I get the same priority date? Yes if there are no fraud-related issues.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Talking to the employer and figuring out whether they are still interested in having you as permanent employee.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline