485 Applied 11/21/03,H1B expiring 1/24/04 ?

Kiran2003

Registered Users (C)
Friends,
Can some one suggest me any options I have ?

1. I-140 & I-485 applied : 11/21/2003
2. Receipt from Vermont : ????
3. H1B ( Adding the 5 1/2 months out of is US period ) expiring: 1/24/2004.

I heard that we can go the Boston office with the 485 receipt notice & get EAD ? Is this true ?

Thanks,
Kiran
 
Hi,
Some how my reply on Dec 6, 2003 did not come up.

The current employer could not file for 7th year extension because there was query about the company. Planning to respond to BCIS on Jan 10, 2004.

Now coming to my I-485 & I-140 with the future employer :
1. I am expecting the Receipt Notice for I-485, EAD & AP in a week ( My checks were encashed by BCIS on Dec 4, 2003. )

2. Am I going to get the EAD by Feb 15, 2004 ?

3. Since I have my I-485 pending, I can stay in US legally without H1 ? ( Though I may not work after Jan24, 2004 till I get the EAD ).
Please clarify me guys !!!!

Thanks,
Kiran
 
The current employer could not file for 7th year extension because there was query about the company. Planning to respond to BCIS on Jan 10, 2004.
------------ He can reply the query ,File 7th year H1when you get I-485 filing receipt just attach the I-485 filing receipt copy, the reason for this is that if your I-140 and I-485 seems to be concurrently filed and if I-140 denied then EAD, AP, I-485 all will be denied and you will have no status in US. Request your employer to file 7th year H1 extension.
Now coming to my I-485 & I-140 with the future employer :
1. I am expecting the Receipt Notice for I-485, EAD & AP in a week ( My checks were encashed by BCIS on Dec 4, 2003. )
------ Your lawyer may get receipts in 5-6 days
2. Am I going to get the EAD by Feb 15, 2004?
----------May be, nobody can give you a definite date, if Any RFE for I-140 then EAD will not be approved till they are satisfied with RFE response and you can not get iEAD from local office if any RFE on I-140.
3. Since I have my I-485 pending, I can stay in US legally without H1 ? ( Though I may not work after Jan24, 2004 till I get the EAD ).

---- You can stay legally after filing I-485 and your status will be AOS pending, for work you need H1 or EAD. If it is concurrent filing I will try to remain on H1 status till I get my I-140 approved. Filing H1 extension is safe for you and your employer.

Please read the link below:
http://www.murthy.com/ukdenial.html
 
Ginnu,
Thanks a bunch.

You are lot quicker & precise than my attorney, nothing wrong with him though, but hired solely for my I-140 & I-485 purpose.

I will do the 7th year extension with my current employer, when replying for the query on Jan 10, 2003.

* BTW, the query was about the company details.

Thanks again,
Kiran
 
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