Legal status while EB1 I-140 is pending

berkeley2009

Registered Users (C)
Hi everybody,

Thanks for information and help. I have another question.
I am applying for EB1EA (I-140, I485, EAD and AP all together) at NSC. I am also applying for NIW (I-140). However, my H1B expires in october 2009. There is backlog of 5 months for processing of EB1 I140 at NSC. My question is Can I stay in USA legally while my EB1EA I-140 is pending on EAD as I file I-485 also?
What other options do I have?
 
Hi everybody,

Thanks for information and help. I have another question.
I am applying for EB1EA (I-140, I485, EAD and AP all together) at NSC. I am also applying for NIW (I-140). However, my H1B expires in october 2009. There is backlog of 5 months for processing of EB1 I140 at NSC. My question is Can I stay in USA legally while my EB1EA I-140 is pending on EAD as I file I-485 also?
What other options do I have?

My understanding is that while I-485 is pending, you are legally present in the U.S. If your EAD is approved, you may work on EAD even after your H1 visa expires. However, you need to make sure that at the time you file concurrently I-140 and I-485, your priority date is current since concurrent filing is only allowed in such cases. It looks like at the moment the EB1 category is current for all countries, but you have to double-check the visa bulletin before you apply.

If possible, I would recommend that you extend your H1B before its expiration date. There are several reasons to do that. First, if your I-485 is denied after your H1B has expired, you will immediattely go out of status. But if your I-485 is denied while H1B is still valid, your status just goes back to H1B. Also, if you actually use EAD and/or AP (even while your H1B is still valid), your status moves from H1B to adjustee and cannot easily be changed back to another nonimmigrant status such as H1B, O-1, etc. I am not sure about the details regarding this but I know that there is an issue there. So if you can get H1B renewed, it is a good idea to do that.

However, even if you do not renew H1B, you will be in legal status after filing I-485 as long as I-485 remains pending.
 
Thanks baikal3,
I will check the PD for EB1 before applying. Can I renew my H1B after filling for EB1 (I-140 & I-485). I will probably have to look for another job as my current one will be over.
Thanks again.
 
Hi again,
I am filing I-140, I-485, I-765 and I-131 all-together.
Do I need to file I-864 for EB1EA along with I-485 application? Otherwise what document should I provide with I-485 form instead of I-864?
Thanks
 
I was on a J1 exchange visitor, (not doctor) got J1 waiver from USCIS, J1 is expiring August 31st, 2014. If I file EB1A (I140 and I485 concurrently), before J1 expires, can a university still file for H1b cap exempt for me while EB1 is still pending? will I have any issues if EB1A is rejected, can I still stay if I have approved H1b before EB1a is rejected? Since I am essentially using I 485 pending as my legal status, in the absence of any visa, (so essentially converting from pending immigrant status to H1b again in this case). I do not plan to use EAD even if it comes, my wife will use her EAD. I am essentially using EB1 to buy more time before I find employment with H1B CA exempt sponsor like a university. Do you see any problems?
 
Top