Concurrent I140/I485 filed on Nov 2003 still pending Nebraska

damini

Registered Users (C)
Hello all

Here is my situation ,filed for a Concurrent I140 /I485 on Nov 2003 still pending both of them in Nebraska center.was called for fingerprinting in May 2004 my 7th year H1visa extension expired in July 2004 can i apply for another year of H1 visa. or work on EAD.my lawyer told me that i cannot file for another H1visa ..can i apply for ACS 21 extension..or go back home and wait for the approval of my I140 approval will it be legal....please help me..my lawyer is really useless...
 
You should have done your H1 extension before expiring the Current H1. Now i dont think so, you can apply for H1 extension(based AC21). What you could do, you can work on EAD.Thats the advisable. Its not an good idea to go to india till your I140 approval.My H1b expring this month and i am not going apply for H1B extension and inteded to continue on EAD.Still my I140/485 pending since November. Its worries but i hope we are going to be Ok.How is your company doing?
 
the company is doing o.k..but i am worried about my job...and want to get out as soon as possilble..is it not possible to apply for an H1visa now..because of my lawyers wrong advice...
 
If your H1 visa already expired then you are not able to apply the extension. It should be done before expiration of the h1 and advisable to apply before 6 months of expiration. Stick with your company atleast your 1-140 approval.
 
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