Great Guru please suggest I140 and I485 simultaneous filing

V

VS Singh

Registered Users (C)
My labor got approved through PERM and have received the approval letter.
I am planning to file for simultaneous I 140 and 485 filing.
After filing the applications I need to go to India.
Do I need to take an AP?
Also Once I get the AP while going out of the country, DO I need to come back on AP or I can come back on H1.
Reason: I converted from H4 to H1 so my visa is not yet stamped. I need to get the stamping done in my next visit.
So are the following possible:

1. I take an AP before going to India so that I don't abandon I485.
2. I get the visa stampled in India and come back on H1 as I want to maintain the H1 status.

Is it possible, please help.
 
VS Singh said:
My labor got approved through PERM and have received the approval letter.
I am planning to file for simultaneous I 140 and 485 filing.
After filing the applications I need to go to India.
Do I need to take an AP?
Also Once I get the AP while going out of the country, DO I need to come back on AP or I can come back on H1.
Reason: I converted from H4 to H1 so my visa is not yet stamped. I need to get the stamping done in my next visit.
So are the following possible:

1. I take an AP before going to India so that I don't abandon I485.
2. I get the visa stampled in India and come back on H1 as I want to maintain the H1 status.

Is it possible, please help.
Click to expand...
Current situation, so many I 140 are challenged by INS. (some of them denied various reasons - mostly employer inability to pay)
It is better keep your H1 valid until your I 485 get approved, do not go for AP right away. If you are exhausted your 6 yrs of H1, then AP is the only option.
 
VS Singh said:
My labor got approved through PERM and have received the approval letter.
I am planning to file for simultaneous I 140 and 485 filing.

First of all are you EB-1, EB-2, EB-3
If EB-3 you can not file the I-485 until at least October of 2005. There are no visa numbers available for EB-3 until then. Your priority would come into play also at this time.

After filing the applications I need to go to India.Do I need to take an AP?
If you have a valid H-1B then you DO NOT need an AP to travel.

Also Once I get the AP while going out of the country, DO I need to come back on AP or I can come back on H1.
If you get an AP you do not need to return on AP if your H-1B is current.

Reason: I converted from H4 to H1 so my visa is not yet stamped. I need to get the stamping done in my next visit.
So are the following possible:

1. I take an AP before going to India so that I don't abandon I485.
2. I get the visa stampled in India and come back on H1 as I want to maintain the H1 status.
This scenario I'm not quite sure on. But I don't see you having any problems with this. Any comments from others?

Is it possible, please help.
Click to expand...
 
Thanks for your reply.

The same is my concern that if I140 gets denied I might be in trouble.
What I need to know is that:
"Do I need to Take AP if I have to leave the country after applying for I 485"
"If yes can I get my H1 stamped and come back on H1 in place of using the AP"

Please respond and once again thanks for your time.
 
grunggy,
I am on EB2 so would be able to apply simultaneous applications.
I just need to know whether I can go out of the country after applying for I485, without taking the AP.
The last stamp on My passport is of H4 and I have changed to H1 shich I am planning to get stamped for the first time in my next trip to India.
Others please give suggestions.
 
AP & Changing Employers

Great Guru,

I have applied for PERM in august. I am hoping (and this is a BIG hope) that my PERM will be approved and I will be able to file simultaneous 140/485 before retrogression. I have been with my current employer (F-500) for more than 3 years now. Is it possible for me to switch employers after 6 months after filing 140/485 ? I have heard that you can switch employers once you get your 140 approved and 485 is due for more than 6 months. Is this true ? Also, when I make the switch, should I use my H1B or use AP ?

Thanks in advance !
Mark
 
in fact only I-485 needs to be pending - I-140 doesn't need to be approved anymore (Yates 5/12/05 memo)

MarkOrelius said:
Great Guru,

I have applied for PERM in august. I am hoping (and this is a BIG hope) that my PERM will be approved and I will be able to file simultaneous 140/485 before retrogression. I have been with my current employer (F-500) for more than 3 years now. Is it possible for me to switch employers after 6 months after filing 140/485 ? I have heard that you can switch employers once you get your 140 approved and 485 is due for more than 6 months. Is this true ? Also, when I make the switch, should I use my H1B or use AP ?

Thanks in advance !
Mark
Click to expand...
 
140 not approved ?

What about the use of AP & H1B ? Also, if 140 is not approved then my current employer can revoke the existing petition right ? In that case, I will have to start ALL over again ?
 
Could someone please suggest on the original thread.
How to maintain H1 B alongwith applying for I140 and 485.

Thanks
 
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