First The Good News...

I didn't see anything specific to the following question in any FAQs, so...

After six years (H1B visa) working in the US (Australian citizen) My permanent position ends January 28, 2005. I'm in a one year extension on the H1B, while my company had been seeking an employment-based permanent resident status on my behalf.

My Labor Cert w/the Dept of Labor was finally approved in July. I was all prepared to file my I-485 (Adjustment of Status) and expected my company to file the I-140 (Petition for Alien Worker) - promptly.

So now after my Labor Cert approval is finally complete, and after spending time and money (my own) to obtain immigration photos, an US CIS medical exam (not covered by insurance) etc, my company decided not to go ahead and file the I-140, given the fact that I have an end date in January.

Does anyone know what may be the best option to go forward w/the process - if at all - rather than lapse into an out-of-status state come the end of January?

Thanks in advance,


Registered Users (C)
Why does your position end in Jan 2005?
I would try to convince the company to continue with I-140, but doing that demonstrates the intent of the company to keep you as a permanent employee beyond jan 05.
If you're EB2 and apply for I-140 & I-485 concurrently (one envelop), you may get into the pilot program and get your case approved before the end of the year.
Good luck,


Registered Users (C)
You can always file another one year extension on your H-1B. I don't understand why your company is not willing to file 140. There is no "end date" to the H-1 7th year extension. I know its confusing coz its called "7th year", but really you can continue extending it. My company was preparing to extend it for me the 8th year when my 485 is approved.

Also, you can file I-140 and 1-485 as well as EAD. Once you EAD is approved, you don't really need to rely on ur H-1 any more.

Hope that helps.
Hi T3K. Thanks for your reply.

In answer: My job is only good till Jan 28 '05 because we're implementing a new vesrion of SAP software (my area of expertise) but it will be supported from head office in Omaha, Neb. - not Orange Cty, SoCal - where I currently live.

Perhaps I can relocate there - as yet undetermined and I'm undecided - but honestly it's not my first choice.

Thanks for your advice.
Best of luck to you as well.
Hi Newbie. Thanks for you advice also.

The reason my company is balking, as I understand it, is over Q.7 on Part 6 of the I-140 - 'Is this a permanent position?' Q.5 asks if it is a fulltime position (and it is) so Q.7 seems more to do w/the indefinite period of employment in the future - and that's what they (well, really our legal people) are concerned about.

Thanks & all the best,