No Retrogression for Employment based - can I submit my I-485 now?

[snowns]

Hello all,

Could someone please answer my questions, or point me to an area in this forum where I can find the answers:

My priority date is March 17 2007.
According to the July 2007 visa bulletin, all employment based priority dates are current.
My current H1B status expires July 31, 2007. I have applied for an extension, but haven't received a receipt notice yet.

1. Should I submit my I-485 immediately?
2. Should I continue to pursue the H1B extension (not sure how I can with no receipt notice)
3. Will the I-485 be approved before my time runs out on July 31st?
4. If my time runs out, and my I-485 is pending, can I stay in US?

This is all new territory for me, and I appreciate your help and advice.

Thanks

-An Appreciative Canadian School Teacher

-snowns

 

[voldemarv]

Hello all,

Could someone please answer my questions, or point me to an area in this forum where I can find the answers:

My priority date is March 17 2007.
According to the July 2007 visa bulletin, all employment based priority dates are current.
My current H1B status expires July 31, 2007. I have applied for an extension, but haven't received a receipt notice yet.

1. Should I submit my I-485 immediately?
2. Should I continue to pursue the H1B extension (not sure how I can with no receipt notice)
3. Will the I-485 be approved before my time runs out on July 31st?
4. If my time runs out, and my I-485 is pending, can I stay in US?

This is all new territory for me, and I appreciate your help and advice.

Thanks

-An Appreciative Canadian School Teacher

-snowns

You can submit your 485 in July. Start with medical test right now.

 

[civ2ru]

My priority date is March 17 2007.
According to the July 2007 visa bulletin, all employment based priority dates are current.
My current H1B status expires July 31, 2007. I have applied for an extension, but haven't received a receipt notice yet.

1. Should I submit my I-485 immediately?

As voldermarv said, start preparing your medicals right now, and submit I-485 on/after July 1st.

2. Should I continue to pursue the H1B extension (not sure how I can with no receipt notice)

Since you have applied for extension, you are already pursuing it. Filing I-485 does NOT invalidate your H1B status or extension. Maintaining your H1B status even while filing I-485 is a good idea - that way, should anything go wrong with your I-485 application, you still have your H1B status to fall back on.

3. Will the I-485 be approved before my time runs out on July 31st?

More than likely, it won't. But at least you'll get it in, and even if dates should retrogress, you'll be eligible for EAD, AP and staying in the U.S. for as long as I-485 is pending.

4. If my time runs out, and my I-485 is pending, can I stay in US?

Even if you should choose to let go of your H1B status in the future, you are legal to stay in the U.S. for as long as your I-485 is pending. Maintaining H1B is a good back-up plan though (see above).

Good luck to you!