Discussions and Questions: I140 NSC
- Thread starter robocop104
- Start date
F1, AP and EAD.
Hi, guru,
I have several questions and hopefully you can give me some answers.
1. Before my wife submitted EAD, AP, and I-485 with me (concurrent filing), she was in F1 status, my question is: does the submission of EAD, AP, and I-485 automatically invalidate her F1 status? In other words, what status is she in now, F1 or some other status?
2. If the answer for the question #1 is that my wife loses her F1 status, is it possible for her to go back to F1 in the future?
3. If I go back to my own country and use AP to enter US, can I still use my H1B to work assuming I use a valid H1B to work before I go back or do I have to use EAD to work?
Thanks!
fiveice
Hi, guru,
I have several questions and hopefully you can give me some answers.
1. Before my wife submitted EAD, AP, and I-485 with me (concurrent filing), she was in F1 status, my question is: does the submission of EAD, AP, and I-485 automatically invalidate her F1 status? In other words, what status is she in now, F1 or some other status?
2. If the answer for the question #1 is that my wife loses her F1 status, is it possible for her to go back to F1 in the future?
3. If I go back to my own country and use AP to enter US, can I still use my H1B to work assuming I use a valid H1B to work before I go back or do I have to use EAD to work?
Thanks!
fiveice
naanshi
Ginnu,
After six years H1B visa expired, after using AC21 with EAD, without 7th year H1B extension, if I-140 gets denied,
1. How much time a person will have to file another I-140/I-485 immediately?
------ I read in other post that you are going to hit 6 years on H1b if that is the case you can file 7th year H1 extension based on pending I-140, if you used EAD then you cannot file 7th year H1 as H1 extension can only be filed if your have valid H1, valid I-94 and EAD not used. If your I-140 is denied you can go for appeal but I have seen 955 appeal cases are rejected but filing appeal gives you time to stay. If I-140 gets rejected and you have other LC that can be substituted for new LC-140 I think one must file immediately. You need to contact your lawyer for a good answer depending on the situation
2.Will it be possible to file, 7th year H1B extension after denial of I-140?
----- If one is still maintains H1 status and have any base of pending LC more than 365 days or I-140 filed or I-485 filed then one can file H1 extension, if not on H1B status then one cannot file H1 extension
3.While 290B Appeal is pending, is a person allowed to stay in USA?
---- YES till you get results
4. Can a person file 7th year H1B Extension, based upon the 290B Appeal pending? (Already an appeal is pending since Jan 2003)
------- I think NO
I don't have any choice, but I have to use AC21, after 180 days of I-485 Receipt Date. Otherwise I may loose my project, which I am working since 2000.
NOTE:
My current sponsor is willing to do all the things to help me, even after I use AC21 rule.
Ginnu,
After six years H1B visa expired, after using AC21 with EAD, without 7th year H1B extension, if I-140 gets denied,
1. How much time a person will have to file another I-140/I-485 immediately?
------ I read in other post that you are going to hit 6 years on H1b if that is the case you can file 7th year H1 extension based on pending I-140, if you used EAD then you cannot file 7th year H1 as H1 extension can only be filed if your have valid H1, valid I-94 and EAD not used. If your I-140 is denied you can go for appeal but I have seen 955 appeal cases are rejected but filing appeal gives you time to stay. If I-140 gets rejected and you have other LC that can be substituted for new LC-140 I think one must file immediately. You need to contact your lawyer for a good answer depending on the situation
2.Will it be possible to file, 7th year H1B extension after denial of I-140?
----- If one is still maintains H1 status and have any base of pending LC more than 365 days or I-140 filed or I-485 filed then one can file H1 extension, if not on H1B status then one cannot file H1 extension
3.While 290B Appeal is pending, is a person allowed to stay in USA?
---- YES till you get results
4. Can a person file 7th year H1B Extension, based upon the 290B Appeal pending? (Already an appeal is pending since Jan 2003)
------- I think NO
I don't have any choice, but I have to use AC21, after 180 days of I-485 Receipt Date. Otherwise I may loose my project, which I am working since 2000.
NOTE:
My current sponsor is willing to do all the things to help me, even after I use AC21 rule.
I-140 RFE
I heard that the response to I-140 RFE is usually assigned to the same officer who issued the RFE. Is that true? Can anybody here confirm it?
NSC received my response to RFE on 1/27/04, but it's still pending. My RFE is a simple one and I replied the next day after I received it, expecting to see the approval in one week, but.........
Anybody has the same experience with RFE?
I heard that the response to I-140 RFE is usually assigned to the same officer who issued the RFE. Is that true? Can anybody here confirm it?
NSC received my response to RFE on 1/27/04, but it's still pending. My RFE is a simple one and I replied the next day after I received it, expecting to see the approval in one week, but.........
Anybody has the same experience with RFE?Yes, Your reply will go to the same officer. I am 200% sure of this.
From various postings, so many people are still waiting after replying to their RFEs. Looks like some officers are immediately approving the RFE cases (within a week) and some officers are keeping it for some time, processing new cases and come back to the RFE cases later.
From various postings, so many people are still waiting after replying to their RFEs. Looks like some officers are immediately approving the RFE cases (within a week) and some officers are keeping it for some time, processing new cases and come back to the RFE cases later.
sertra2002
Registered Users (C)
mimihu and cadence,
I am also like you guys, waiting for long to get a response to my response !!
Response to my RFE was received on November 18 2003, and I am still waiting. Looks like all our cases were handled by the same (forgetful!!) officer, who doesn't go back to clear the RFE cases. Don't know what to do
I am also like you guys, waiting for long to get a response to my response !!
Response to my RFE was received on November 18 2003, and I am still waiting. Looks like all our cases were handled by the same (forgetful!!) officer, who doesn't go back to clear the RFE cases. Don't know what to do