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As the premium processing is not available for I-485 or EAD, filing I-140 with premium processing would be like throwing $1000, in my opinion. AC21 Portability is available only after 6 months of I485 filing, and I-140 does not take more than 6 months currently. My EB3 I-140 took 1 month in VSC.

To get H4, you have to prove that your H1 Spouse can support you in the US, and that H1 Spouse has valid employment in the US. The documents they usually ask for is the H1 approval notice(original), tax returns (last 3), W2 s, employment verification letter etc (all these of the H1 Spouse)...

June 2003 RIR EB3 DE Labor approved I got my labor approval notice from PBEC this afternoon. State: DE PD : 06/02/2003 RD: 10/2004 Cat: RIR - EB3 Case# : P-04293-23xxx 45-Day Letter: 03/2005 Approval Date: 06/08/2006 Received the letter today directly from PBEC (just the copy of the...

cantstandit, A point to note - you can get 3 year extension of H1 if your I140 gets approved, irrespective of number of days passed since LC filing date.

You are right. You can get 3 year extension only if I140 has been approved, and retrogression does not allow you to file for status adjustment.

case status Hi gc_reddy, How did you get a screen shot from BEC ? Did you send an email ? If yes, could you please share the email id you sent your email to, and the content of the email ? Mine is delaware case, with PD of May 2003. 45 day letter was received in March 2005. There is no...

As I understand, one would qualify for labor substitution based on whether one's profile matches the job profile for which the labor cert was filed - irrespective of the original applicant's qualifications or experience. Get a copy of the labor cert, look at the job description, and see if you...

Once you file for Adjustment of status (I485) for your spouse alongwith your AOS application, there is no need for H4. When I485 is pending, whether you apply for EAD or not, you can legally stay in this country.

When this report dated ? Where did you find it ?

Did you file I140 and I485 concurrently ?

I dont think you have a choice to apply from Vermont. If your labor cert is from Chicago, you'll have to file from Nebraska. I am not 100% sure. Please check with a lawyer.

you can apply for H1 ext beyond 6 yrs, if your labor is approved, but I140 is pending and you have completed 365 days from labor cert application date. If your labor gets approved in Nov, you can apply for I140/485 and then apply for H1 extension (if you choose to continue on H1, otherwise, you...

I think, you have to be eligible for a fresh H1 on the day of application, which means you have to complete 1 year. You would be better off waiting until you complete 365 days from your date of exit from US, and then apply, as opposed to applying now and getting a rejection or running the risk...

If that is the case, then how would a spouse get H4 extension for 7th year based on 7th year H1 extension ?

My labor was filed in the last week of May 2003. I havent heard yet from them. It looks like they are processing Aug'03 cases now. My lawyer is not willing to check the status with them right now. Is there any way for me to check the status directly ?

Total allowed stay on L&H visas together is 6 years. For your wife to be eligible for 7th year on H1, she should qualify on her own. However, if she has not spent 6 years on H4, she would be able to use the remaining period for her new H1.

I dont think that crosschecking H1s with your experience letters is part of labor processing. I wouldnt worry too much about it.

It appears that what company B has done is illegal. However, as you have successfully obtained H1 transfer to company C (I presume, it would be from Company A's H1), from INS point of view, you have not violated the status. Unless they investigate this, there would be nothing in INS records to...

I guess, in your case, 180 days are important, because, you have not filed for extension on time. Filing extension BEFORE expiration of original status gives you legal status upto 240 days (if the application is pending). However, in your case, if the extension is rejected, your status would be...

fast_gc_seeker, Did you apply for just I140 only or for both I140 and I485 ?