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Can we file I-485 again on same I-140....
- Thread starter clear485
- Start date
Weird situation
Thanks UN,
I am just thinking about this, if something happens to I-485.....The reason why I am scaring is.....this is my story little bit....please have some time and read.....
First H1B (Employer A) valid 2000 Nov - 2003 Feb 14
(entered into US on Feb 2001 and I-94 valid upto Feb 14th 2003).
Changed my employer to B on Apr 2002 and they filed my H1B. Case is pending till Jan 2003 and I changed to premium processing since I have personal reason to leave the country.
They have approved my case on Feb 5th 2003, but without extension(i.e without I-94) and I received this Notice on Feb 13th 2003 (remember my first I-94 expires in one day...14th Feb 2003)....
My attorney told me to file Motion to Reopen and stay as long as I get Approval/Deniel from them. So I did.
But I left to India(2003 May 22) with new H1B and went to conuslate after 3 months of filing to MTR and got stamped and came back to US in sep 2003..I got new I-94 (valid upto 2006 Jan). I have filed GC (Employer B) and approved 140 also recently.....
My question is what was my status in between time of 2003 Feb 14th to 2003 May 22....
Attorney is saying "as long as any application is pending with INS/MTR...I will be in legal status until I get some decision from them".
So was I in legal since My case for extension with MTR is still pending....
In 485 stage if anything they asked me what should I do .....
Please give me your advise.....you are like real Unitednations like helping to other countries (other members here)....
Thanks in advance.....
Thanks UN,
I am just thinking about this, if something happens to I-485.....The reason why I am scaring is.....this is my story little bit....please have some time and read.....
First H1B (Employer A) valid 2000 Nov - 2003 Feb 14
(entered into US on Feb 2001 and I-94 valid upto Feb 14th 2003).
Changed my employer to B on Apr 2002 and they filed my H1B. Case is pending till Jan 2003 and I changed to premium processing since I have personal reason to leave the country.
They have approved my case on Feb 5th 2003, but without extension(i.e without I-94) and I received this Notice on Feb 13th 2003 (remember my first I-94 expires in one day...14th Feb 2003)....
My attorney told me to file Motion to Reopen and stay as long as I get Approval/Deniel from them. So I did.
But I left to India(2003 May 22) with new H1B and went to conuslate after 3 months of filing to MTR and got stamped and came back to US in sep 2003..I got new I-94 (valid upto 2006 Jan). I have filed GC (Employer B) and approved 140 also recently.....
My question is what was my status in between time of 2003 Feb 14th to 2003 May 22....
Attorney is saying "as long as any application is pending with INS/MTR...I will be in legal status until I get some decision from them".
So was I in legal since My case for extension with MTR is still pending....
In 485 stage if anything they asked me what should I do .....
Please give me your advise.....you are like real Unitednations like helping to other countries (other members here)....
Thanks in advance.....
how do they know ?
Thanks UN,
One small question....
Will they check status from last enter into US or all the time in US ?
If they check all the time in US, how do they know old I-94 expiry dates and deniel of extensions and MTRs if any...?
Sorry for your time.....but I really appreciate your kind of helping....
Thanks UN,
One small question....
Will they check status from last enter into US or all the time in US ?
If they check all the time in US, how do they know old I-94 expiry dates and deniel of extensions and MTRs if any...?
Sorry for your time.....but I really appreciate your kind of helping....