Advise on EAD for concurrent filing of I-485/I-140

S

sreddy88

Registered Users (C)
Hi,

My green card process has become big mess. I'm living and working in MD. My employer is located in FL. My attorney applied for my I-140/I-485 in VSC on 12/18/2002 and received notice dates as 01/28/2003 and done with FP and even FP have been approved. In early March VSC returned my application asking to apply at TSC. I have lost 90 days of time during this process and TSC issues new notice dates as 03/12/2003.
Is there anyway I can get EAD explaining the situation to keep my status current as I'm running outta 6 years limit in couple of weeks. Anyone had this kinda situation before?

Any clue will be appreciated on how to proceed further..:confused:
 
1.You have to wait 90 days from receipt date to get interim EAD from Local BCIS office, I am sorry, I don’t know any other way.
2. If you are running out of 6 year file for 7 year H1 extension immediately before your H1 expires as you are eligible for that, and you will be in status and meantime you will also get your EAD, then it is up to you to maintain H1 or work on EAD.
OR
3 You can recapture time spent out of US while you were on H1

If I am in your position I will go for 7th year extension
 
Thanks for reply.
Any limits on time for recapture that I spent outta US in my past 6 years.

I was outta US for 8 weeks in past 6 years. This 8 weeks can be considered for recapture ??

I'm still thinking of go to state BCIS office in Maryland with all the notices and attorney letter to explani what happened and get EAD. Do they convince ?

My attorney says all this happened becuase of a stupid INS official who looked at my file, they accepted,issued notices and kept file for 3 months and returned it after that.
 
Do not Worry!!!

Hi Sreddy,
After reading your case,the situation for you is like this.
1.As per my attorney,As soon as you file your I-485(AOS),YOUR H1-B (6yrs)clock stops,since your in adjustment of Immigration status.
So actually you need NOT worry about you staying in US.

2.Since your H1-b is expiring in few days,and since your EAD is not in a good situation,u CANNOT work after you complete the 6yrs H1B.

3.Apply for your 7th year extension.
Hope this helps!
 
Thanks for Reply. I appreciate it. Thats what I'm gonna do, Get 7th Year extention to be able to work until I get my EAD.
 
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