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來源: 863211 於 2009-06-26 11:11:49 [] [博客] [舊帖] [給我悄悄話] 閱讀數 : (1664 bytes)

1st I-140(LC sub) PD 10/2004, 2nd PD 10/2007, both EB3. still re-link?
= what if 485 gets denied later? could I re-link then?
-Nearly 100% of I-485s will be approved unless your docuemnts have problem or you lose the job. I do not know why you file the second I-140 with the same category (EB3). After your first i-485 is denied, you can not relink it to the second I-485.

=Safe: EAD is safer? Do you mean that H1B has the potential disadvantage (Layoff -> H1B revocation triggering an RFE)
-Only if you lost the job, your I-485 may be denied. In this case, your EAD and H1 are all invalid (no differnce betwwen EAD and H1). But if your find a new job and your I-485 will not be denied even if your first approved I-140 is revoked, and you can continue to use your EAD to work.

I’ve heard that Fragomen(company’s lawyer) recommends revoking I140 after layoff. If this is true, then isn’t H-1B(with valid EAD) more favorable than EAD? Because 140 revoking will have much bigger chance to trigger RFE comparing to H-1 termination?
-When you lose job, your h1 immediately be invalid,
but EAD is not unless your I-485 is denied. When your employer terminate your H1, it may result in USCIS send you RFE for your employer status shortly. But if you use EAD, USCIS will not know you are laid off for some time (not RFE for a while) and you may find a new job before you get RFE.

= :( one drawback of using EAD then. It means if using EAD and 1st 485 gets denied (while 2nd 485 not filed yet), then I will be doomed – out of status&job.
-Up to you. But I can not see why your I-485 will be denied if you have a job.

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