Can I-485 be filed concurrently now?

J

Japanese

Registered Users (C)
Dear Esteemed Gurus & Fellow Immigrants,

I am writing on behalf of my colleague, who has just begun the long journey for GC. She has just filed her labour under "PERM" and wants to know if she can still file I-140 and I-485 concurrently once her labour certificate is granted.

According to the Visa Bulletin for Oct 2005, the cutoff date for her category (EB3) is listed as 01 March 2001. Does this mean that she cannot file her I-485, Adjustment of Status to Permanent Residence until date posted on Visa Bulletin passes her filing date with the State Employment Agency?

If such is the case, can she still renew her Employment Authorization Card based on the fact that she has filed I-140? Can she still remain in the U.S. past her expiration of her current Employment Authorization Card (she is working under OPT)?

Please advise.

Yours truly,

Japanese
 
>> if she can still file I-140 and I-485 concurrently once her labour certificate is granted.

I beleive they would accept 140, and 485 may be returned. if she is trying her luck by sending tell her to send seperate checks $$.


>> According to the Visa Bulletin for Oct 2005, the cutoff date for her
>> category (EB3) is listed as 01 March 2001. Does this mean that she
>> cannot file her I-485, Adjustment of Status to Permanent Residence until
>> date posted on Visa Bulletin passes her filing date with the State
>> Employment Agency?


I believe ur understanding is correct, she have to wait till PD is current and V-no are available.


>> If such is the case, can she still renew her Employment Authorization Card based on the fact that she has filed I-140?

EAD is issued based on pending 485, not pending or apvd 140.


>> Can she still remain in the U.S. past her expiration of her current Employment Authorization Card (she is working under OPT)?

Somehow she need to figure it out to stay here with status on valid docs, all doc must be renew before expire.

Best thing is to check with attorney to find solution/loophole so she can remain here with valid docs.

if no way out to stay here with valid doc, then don't get dissappointed try to file 'I-140 Attorney certified' and use consular processing for her G.C. she still can get G.C.


Good Luck
 
Last edited by a moderator:
Thank you!

PrinceofJungle -

Thanks for the advice. I will pass it along to my colleague!

Japanese
 
She CANNOT file for 485 till her PD passes the cutoff.
She can file for 140 and 140 can get approved as well - she would have to wait for PD before she can file 485.

EAD would be issued only when 485 is pending - so in her case, she would have to get a work visa (H1) or something to remain in status in the US. Her status to work would end when the OPT expires.

Best bet is to get a H1 visa and continue her GC journey -- H1 can be extended if needed beyond the initial time.
 
Thanks, max2k1

max2k1 said:
EAD would be issued only when 485 is pending - so in her case, she would have to get a work visa (H1) or something to remain in status in the US. Her status to work would end when the OPT expires.

Best bet is to get a H1 visa and continue her GC journey -- H1 can be extended if needed beyond the initial time.
Click to expand...

Thanks, max2k1...we did look into the possibility of her obtaining H1b visa. However, her previous employer had withdrawn the application and the quota was exhausted for fiscal year 2006. Since she does not wish to go back to her home country, we were wondering what are other options in terms of her staying in the U.S. past the expiration of her employment authorization under OPT.

Japanese
 
Japanese said:
Thanks, max2k1...we did look into the possibility of her obtaining H1b visa. However, her previous employer had withdrawn the application and the quota was exhausted for fiscal year 2006. Since she does not wish to go back to her home country, we were wondering what are other options in terms of her staying in the U.S. past the expiration of her employment authorization under OPT.

Japanese
Click to expand...
Can she attend school till her PD becomes current ?
If so she can get a F visa.

Couple of adventurous options :D
* She can marry a US Citizen and she can file 485 immediately.
* Or marry someone on H1 and get a H4 status.

Be aware that going for Consular processing would mean that she would have to be out of the country and the PD problem would remain the same as well.
 
Since her current EAD is based on OPT, which has a maximum validity of only one year, there is no way she can renew it beyond this time of period. So, if she can't obtain an H-1B visa, then she's doomed unless she takes the options suggested by max2k1...
 
Gosh...

Thanks for your tip, guys...gosh, I am really feel bad for her. It seems as though the H1b quota was exhausted much quicker than when I was going through the process.

I think the company is trying to get through "PERM" but even if her labor is certified and I-140 is filed, it will not enable her to stay in the U.S. This is pretty much what I am gathering.

That being said, the only venue left for her is to go back home and wait for PD to become current. Then, she can apply for an immigrant visa at the U.S. Embassy there...right?

Japanese
 
Yeah, it looks that way... But, why would she have to wait in her home country until PD becomes current? I think, if she has a job offer in the United States, then she can apply for a new H-1B visa at home for the next fiscal year and comes back within a year or so. That would be much faster than waiting for the PD to become current.
 
I think they are gonna chance it

Madison04 -

It seems to me that they (the employer) is going to chance it. In other words, they will try to get her labour certified by the end of the year. They are hoping by the time her labour is certified, the PD for EB3 becomes current. They will then concurrently file I-140 & I-485. This way, she will not have to leave the country and can continously be employed with an EAD.

In my opinion, it may be too optimistic to hope for PD to become current in two and half months (I believe her current EAD expires in December). I am afraid that she cannot afford to overstay her visa since she probably will not qualify to adjust her status under Section 245(i) of LIFE Act.

Should she overstay, will it cause difficulty in obtaining an immigrant visa during consular process once her petition is approved?
 
Japanese said:
Madison04 -

It seems to me that they (the employer) is going to chance it. In other words, they will try to get her labour certified by the end of the year. They are hoping by the time her labour is certified, the PD for EB3 becomes current. They will then concurrently file I-140 & I-485. This way, she will not have to leave the country and can continously be employed with an EAD.

In my opinion, it may be too optimistic to hope for PD to become current in two and half months (I believe her current EAD expires in December). I am afraid that she cannot afford to overstay her visa since she probably will not qualify to adjust her status under Section 245(i) of LIFE Act.

Should she overstay, will it cause difficulty in obtaining an immigrant visa during consular process once her petition is approved?
Click to expand...
She should never overstay or work without authorization.

It WILL complicate all of her future visas (non-immigrant or immigrant).
 
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