140-485 scenario (EB3)

[c_hari_c]

I got my labor approved and ready to file for 140 & 485 via the concurrent processing(guess it means applying for both at the same time). I am going to India for my marriage in Jan 2005 and will be bringing my wife to US on a H4 visa. There was news that I cannot file 485 (because I come uder EB3) and the process is currently on a hold until all the backlog is cleared. Can any one suggest me how to proceed in this situation? FYI - my H1 is expiring in March 2007.

Thanks,
Hari

 

[will_get_there]

You should apply your 140 right away and get your wife on H4 meanwhile. After 140 application, you are elgibile for H1 extensions in 1 year increments so don't worry about that, just send in the extension application 3 months before current H1 expires.

You havenot mentioned your labor PD so there is no way to even guess when can you apply 485 ... so tell us your PD also.

The biggest concern in your case will be the job. Since you have not filed 485 already, you will not get AC21 benefits so you will have to hold on to this job as long as your 485 filing is 6 months old.

 

[c_hari_c]

Is labor PD the date I applied for lobor? If so, I applied in December 2002 - Nebraska Service Center. Job is not a problem in my case. Let me know if you need any information from my side. Thanks for your help.

You should apply your 140 right away and get your wife on H4 meanwhile. After 140 application, you are elgibile for H1 extensions in 1 year increments so don't worry about that, just send in the extension application 3 months before current H1 expires.

You havenot mentioned your labor PD so there is no way to even guess when can you apply 485 ... so tell us your PD also.

The biggest concern in your case will be the job. Since you have not filed 485 already, you will not get AC21 benefits so you will have to hold on to this job as long as your 485 filing is 6 months old.