Awaiting approval of I-140

W

wouldliketoknow

Registered Users (C)
I have H1-B at the moment with I-140, I-485, and EAD filed together (didn't recieve approval on them yet). My H1-B is going to expire in November. If I don't recieve approval of I-140, does that mean I am illegal in this country?
Is it enough to recieve EAD to be legal while the petitions are pending?

I would appreciate yoru help so much!
 
U are legal as long as I-485 is pending. No need even for EAD.

since ur I-140 is filed if u want you can go for 7th year extension of H1 if u like.

u need H1 or EAD to work, so either go for H1 extension or have EAd approved. if u dont have the EAd after H1 expiry then you will be working unauthorised so be careful.
 
Thank you, waitin toolong, for yoru answer. It seems clear to me now that it is the I-485 that covers everything, however before it gets to I-140 approval, I need to have either H1-B or EAD. ok... That is for work. And how about legal stay in the USA? Does EAD substitute, on all grounds, not just a permission to work, H1-B?

You have been very helpful, thank you.
 
I am not sure what u said in ur mail. but just to recap

1. the filing of I-485 keeps u in status (legal stay) whether u keep H1, EAD or not. it does not matter if I-140 not approved.

2. To be able to work u need EAD or H1 till I-485 gets approved.

3. U can get 7th yr extension on H1 if I-140 pending.

4. u can be on H1 and have filed for AOS at the same time.

5. if u travel, u need a valid H1 stamp(if still working for H1 employer) or AP
 
Thank you so much.

OK :) All seems to be clear except one: if I-140 and I-485 are filed concurrently (along with request for EAD), does that mean that I-485 is pending? I mean logically, yes, what else could it mean, but one cannot be too careful and ask.

Thank you so much!
ah, and by the way, it seems that you know a bit, do you know anything about say a wife (not married yet) getting permanent residency based on my (when it happens) approved I-140?
 
well even if the I-140 is pending the I-485 is also pending, even when filed concurrently.

As per ur wife-to-be case, well it does not matter if ur i-140 is approved or not.

if u r married before or I-485 is approved then she can do a Follow to join (search this term) if she is outside the country.

If she is in USA you can file I-485 for her based on ur application and ask that her file be joined to urs.

Thus if u get married before ur I-485 approval the wait will be shorter.
else u will have to do FB process which is taking over 4 yrs.

if ur on H1 then can bring wife on H4 after marriwge and file I-485 for her. but if on AOS then she will have to get an independant visa like F1 or H1 for herself to enetr USA
 
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