gcholdertobemt
New Member
Anyone, please help me on my case!
I've been holding my H1B status since 7/30/99. I applied my green card process in April 2003 and the Labor Certificate (ETA 750) was certified on 9/26/2007. We filed I-140 immediately and was approved on 10/3/2008 (we were asked to provide some additional evidence and they approved the case as soon as they received the information).
So, I have prepared a package with all the necessary documentations to file I-485.
However, I am facing a very difficult obstacle right now.
The petition for my H1B extension has been pending more than 6 months now. The H1B was expired on 7/30/08.
We have requested a special investigation at the Vermont Office where my case is. We also filed a Premium Processing on 1/9/09 to accelerate the process. 15 calendar days have passed and we contacted the Premium Processing Unit. Their response was "the processing has been delayed due to routine security checks." They don't know how long it will take and they don't have any control over.
Here is my biggest concern.
Do I have to leave the country by 1/30/09 which is 6 months from the day my H1B visa was expired? I have filed the extension and the case is still pending (not denied). But, do I still have to leave the country and wait outside the US until the green card is granted?
Is it possible to stay in the US until I hear something from the Vermont Office about my pending H1B extension? Is it possible to go ahead and file I-485 before the H1B extension is approved (my representative said NO on this).
Please provide me answers or any advice.
I would truly appreciate it.
Thank you.
I've been holding my H1B status since 7/30/99. I applied my green card process in April 2003 and the Labor Certificate (ETA 750) was certified on 9/26/2007. We filed I-140 immediately and was approved on 10/3/2008 (we were asked to provide some additional evidence and they approved the case as soon as they received the information).
So, I have prepared a package with all the necessary documentations to file I-485.
However, I am facing a very difficult obstacle right now.
The petition for my H1B extension has been pending more than 6 months now. The H1B was expired on 7/30/08.
We have requested a special investigation at the Vermont Office where my case is. We also filed a Premium Processing on 1/9/09 to accelerate the process. 15 calendar days have passed and we contacted the Premium Processing Unit. Their response was "the processing has been delayed due to routine security checks." They don't know how long it will take and they don't have any control over.
Here is my biggest concern.
Do I have to leave the country by 1/30/09 which is 6 months from the day my H1B visa was expired? I have filed the extension and the case is still pending (not denied). But, do I still have to leave the country and wait outside the US until the green card is granted?
Is it possible to stay in the US until I hear something from the Vermont Office about my pending H1B extension? Is it possible to go ahead and file I-485 before the H1B extension is approved (my representative said NO on this).
Please provide me answers or any advice.
I would truly appreciate it.
Thank you.