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Hello, I just got h1b filled and approved with company A. Before the approval, I already got Perm Certification for EB3 approved with company B for future employment. The job experience and date that was used to file perm certification do not match the resume that was sent alongside my h1b. My question is this; will this be a problem when I file my I-140 and i-1485? Also, I am filling concurrently do I need to file AP and EAD since I have H1B? Can I travel while my green card is pending if I am on H1B? Can H4 also travel without AP if GC is pending?
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Hi,
Please see my Answers below.
will this be a problem when I file my I-140 and i-1485?
Answer: Please note, H1 and GC filing is two different procedure. GC Employment is future Employment. Once you get your GC, then only you can accept the Employment that has been shown in the PERM Application. And also, I am not sure, your resume been utilized for H1 filing. Normally, resume does not require for H1B filing. Sometimes, Employer or Law firm will ask your resume only for internal review or when they need to apply for Evaluation reports.
Also, I am filling concurrently do I need to file AP and EAD since I have H1B?
Answer: Yes. Of course you can file I-131 and I-765 as it will be combo card. Whether you use this or not, better file and get the approval.
Can I travel while my green card is pending if I am on H1B?
Answer: Yes. You can.
Can H4 also travel without AP if GC is pending?
Answer: Yes. As long as you both have H1B and H4 visa approval you can consider these not Advance parole.
Thanks
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