Can file I-485 when H1B pending

D

defleopard22

Registered Users (C)
My employer filed my h1b from texas, which is really really slow.
I will get my labor before I get my h1B. Can I file my 485 with receipt notice and pay stubs.
My employer is saying that he needs h1b approval to file for i-140/485. He is asking me to wait untill my H1b approval comes. That may take 4-5 months.
Does anyone know, if I really need to wait for h1b approval for my company.

Thanks,
Def.
 
My employer filed my h1b from Texas, which is really slow.
I will get my labor before I get my h1B. Can I file my 485 with receipt notice and pay stubs.
---- If it is H1 extension YES, attach the H1b extension filing receipt with I-485
My employer is saying that he needs h1b approval to file for i-140/485. He is asking me to wait until my H1b approval comes. That may take 4-5 months.
--- May be delay tactic, go to lawyer and let lawyer inform him that one can file I-485 with H1 extension filing receipt, if it is new H1 then your employer is correct
Does anyone know, if I really need to wait for h1b approval for my company.
** you did not mention if it is NEW H1 or H1 to H1 transfer or H1 extension my reply is based on the assumption if you filed H1 extension
 
it is h1b transfer

Hi Ginnu,

it is h1b transfer. I filed h1b transfer in october and since, then I am already working with my employer for last 3-4 moths based on receipt number. I have my recipt notice and pay stubs.
But, the h1b transfer approval will come in anohter 4 months.

Also, if you know, can i visit india and come back on my receipt.
My previous h1b is stamped in my passport till dec 2005.

Thanks,
Def.
 
My previous h1b is stamped in my passport till dec 2005.

----- you can come back and will get I-94 till Visa validity date
 
Thanks

Thanks Ginnu, and about my original question, can I file my I-14 and 485, if my h1B transfer to my gc filing company i.e my current company is pending.
I have receipt notice and my pay stubs.

Thanks,
Def.
 
Defleopard22,

I'm also in same position. H1B(Transfer) filed from Texas, LC filed from Nebraska almost simultaneously. Likely to get Labour before H1(LC is in Chicago DOL). I remember My employer told me we can go ahead for I-485 & I-140.
It makes sense, GC is for future job. And you should be on a valid status when you file it from within USA. A new H1 has to be approved before you file GC but in H1 transfer cases, you are already in status and filed for extension of the same....
 
One can file theI-140and I-485, EAD AP with H1 extension filing receipt as you are in status
 
h1b transfer is not approved

Hi gogia,

When was your h1b filed. Mine was filed on October 20th. Will be another 4 months I guess. I also heard, if you apply for future employment, process is lengthier.
I also have to go to India. I am hearing that you can go and come back with receipt notice. My employer and even ginu has confirmed this. My prvious h1b us stamped till Dec 2005.

And, once again thansk ginu for all your help so far.

Good luck googia with ur gc process.

Thanks,
Def.
 
Hi Def,

My H1 was filed on November 10th. And Yes, If your current Visa stamp is valid till 2005, You can go and come on the same visa with the latest Receipt notice. But Sometimes I have heard some lawyers advising against travelling if H1 is pending..

BTW, do you have any idea if I can sponsor any relative for tourist visa if my H1 is pending???

Thanks
 
Originally posted by gogia
Hi Def,

My H1 was filed on November 10th. And Yes, If your current Visa stamp is valid till 2005, You can go and come on the same visa with the latest Receipt notice. But Sometimes I have heard some lawyers advising against travelling if H1 is pending..

BTW, do you have any idea if I can sponsor any relative for tourist visa if my H1 is pending???

Thanks
Click to expand...

It creates confusion once you enter the country if you apply for H1 transfer and leave the country. This is because the I-94 number you get at POE (when you come back) will be different from the one attached in the bottom of H1 transfer approval notice which has old I-94 number.
 
But if you already for an I-94 number whenever you first entered US, then from then every time you enter US, you strike out the new I-94 number (printed) and put your previous I-94 number in the boxes below the printed I-94 number. This way you only have ONE I-94 number no matter how many times you enter/exit US.

The I-94 form which we are given on the plane has a printed number and right below it a empty boxes where you are suppose to put the previous I-94 number if you had and strike out the new I-94 number, so it wouldn't matter because the H1 approval notice will have the previous I-94 number and so will your new I-94.
 
Originally posted by guju
But if you already for an I-94 number whenever you first entered US, then from then every time you enter US, you strike out the new I-94 number (printed) and put your previous I-94 number in the boxes below the printed I-94 number. This way you only have ONE I-94 number no matter how many times you enter/exit US.

The I-94 form which we are given on the plane has a printed number and right below it a empty boxes where you are suppose to put the previous I-94 number if you had and strike out the new I-94 number, so it wouldn't matter because the H1 approval notice will have the previous I-94 number and so will your new I-94.
Click to expand...

I-94 number keeps the track of when you entered the country and when you left. That number is not reusable. Doing so can lead to serious troubles.
 
tammy2, I beg to differ on this, let me try to find out the filling instructions for I-94 and provide some link to that matter.

USCIS tries to associate one I-94 number to one individual and every time the person enters/exists they link it to that one I-94 number, that is the main reason why there are empty boxes on the I-94 form so that you can put your previous I-94 number (if you had any) ,this helps them keep a system with one identifier per person and makes it easier for them to search for all the entries/exists for that person and hence their stay in US. If you keep using different I-94 numbers, then you will keep having multiple identifiers and hence longer times to make the searches.

I will get back to you regarding this, but the INS officer himself at the POE told me to re-use the old I-94 number every time I entered US.
 
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