PM01 said:Below is the situation of one of my friend. Any expert opinion will be appreciated. His was a Labour Subst I140/I485 applied in Oct-04. RFEI140 on educational grounds in Jul-05. Response filed in Jul-05, Denied in same Month.MTR filed in Sep-05 with new educational evaluation, Subsequently Lawyer Filed new set of I140 & I485 , EAD as his 7 years were expired.Meanwhile his case has got transfered to AAO.
According to Lawyer he is out of status & cannot work till he gets his new EAD.
Is it true that even if some one's case is pending in AAO he or She cannot work but stay in the country.
Any suggestions will be appreciated.
... H1B already expired?? HOW?! WHY did (s)he let the H1B expire??! WHY didn't (s)he get H1B extensions? Because an EB case in AAO DOES allow getting H1B extensions for 8th yr, 9th yr etc.... until the case has been "finally adjudicated".
Now, I'm a little confused ... "Subsequently Lawyer Filed new set of I140 & I485 , EAD as his 7 years were expired."...
Is it that a new set of petitions were filed just to get new EAD? Why can't you get EADs based on an already pending I-485??
May be someone else can shed some light on this too.
All the best.