Filing I-130 for H1-what's the Status

[moonlight74]

Hi,
Anyone please help me.

My visa expires on june26 - 2006. I am on H1 right now. Applied for GC th' PERM recently(currently I 140 in process). My husband has GC. If i apply for family based GC(I-130) what will be my status after june26th ?

I am applying for H1 though a new company now. i have to get 6th year extension. my old company don't want to apply for H1 extension unless i immd. start working. I need to take rest for atleast 1 month since i am not doing well...If i don't get H1 approved before 25th june i will be out of status.
do i have to leave the country immd ? My old company filed for labor in june 2004. Still not yet approved...
Any info would be appreciated. Thanks

 

[EricS]

Hi,
Anyone please help me.

My visa expires on june26 - 2006. I am on H1 right now. Applied for GC th' PERM recently(currently I 140 in process). My husband has GC. If i apply for family based GC(I-130) what will be my status after june26th ?

I am applying for H1 though a new company now. i have to get 6th year extension. my old company don't want to apply for H1 extension unless i immd. start working. I need to take rest for atleast 1 month since i am not doing well...If i don't get H1 approved before 25th june i will be out of status.
do i have to leave the country immd ? My old company filed for labor in june 2004. Still not yet approved...
Any info would be appreciated. Thanks

130 and 140 do not preserve your status. 485 does preserver you status but it seems like you are not able to file 485 due to retrogression.

Your best bet is to get H1 extension. If you have proof of filing of your LC from old company in 2004, then you can use it to file for 7th year extension with the new company along with transfer. If that is not possible, then get extension with old company, I understand that you do not want to start working immideately but IMO, that is your only chance.

One more thing, H1 does not need to be approved before June 26th, but it surely need to be filed before that.

 

[moonlight74]

Thank you very much eric..