Green card related questions - Please help !

sanjeevt

Registered Users (C)
Hello Friends-

Need your help and expert advice.

Current situation:
=============
My labor got cleared in Dec. 2003.
In Feb. 2004 I have filed for I-140.
I have NOT filed for I-485 yet.
My 6 years on H-1B visa expires in June/2005.

Questions:
========
1. Once I-140 is cleared, is there a time limit within which I must apply for I-485 to avoid I-140 being cancelled?
2. Say my I-140 is still pending and my H-1B expires, I can apply for 1 year H-1B extention correct?
3. Say my I-140 gets approved before my H-1B expires and I do not apply for I-485, do I have to leave the country immediately upon expiration of my H-1B visa? Can I still get extenstion with approved I-140 but NO pending application for I-485?
4. If I never apply for I-485 after my I-140 gets approved, and some time in future when I apply for US visa (immigrant/non-immigrant) I guess they generally ask, "Have you ever applied for permanent residancy?" Will the answer to that question be yes / no?

I want to stay 6/7 months beyond my H-1B expiration but do not want to apply for green card since I am planning to go back to India and hence all these questions.

Your help is much appreciated.

Regards,
Sanjeev.
 
Originally posted by sanjeevt
Hello Friends-

Need your help and expert advice.

Current situation:
=============
My labor got cleared in Dec. 2003.
In Feb. 2004 I have filed for I-140.
I have NOT filed for I-485 yet.
My 6 years on H-1B visa expires in June/2005.

Questions:
========
1. Once I-140 is cleared, is there a time limit within which I must apply for I-485 to avoid I-140 being cancelled?
2. Say my I-140 is still pending and my H-1B expires, I can apply for 1 year H-1B extention correct?
3. Say my I-140 gets approved before my H-1B expires and I do not apply for I-485, do I have to leave the country immediately upon expiration of my H-1B visa? Can I still get extenstion with approved I-140 but NO pending application for I-485?
4. If I never apply for I-485 after my I-140 gets approved, and some time in future when I apply for US visa (immigrant/non-immigrant) I guess they generally ask, "Have you ever applied for permanent residancy?" Will the answer to that question be yes / no?

I want to stay 6/7 months beyond my H-1B expiration but do not want to apply for green card since I am planning to go back to India and hence all these questions.

Your help is much appreciated.

Regards,
Sanjeev.



Answers:
1. There is no time limit to file 485. Once approved 140 cannot be cancelled.
2. Yes.
3. No you cannot.
4. Yes.
 
H1B maxout related question

Hi,

I need some help...

I work for Company A on H1B. My 6 year term on H1B visa is coming to an end in September 2013. I will be going back to India end of August.
Company B is an reputed US company which I have never worked. I cleared their interview and they are ready to offer me a job. Company B is ready to apply for my green Card.
Suppose Company B applies for my PERM in September, PERM get approve maybe by December. Company B applies for I-140 in premium and suppose I-140 is approved my February 2014.

Can I come back and work for Company B in February 2014? or Do I still need to stay out of US for 1 year before I can come back on work visa?
Does Company B need to apply for my H1B visa again after I-140 approval for me to come back?

In short, after I-140 is approved, how and when can I come back and work for Company B?

Please let me know. Your help will be really appreciated.

Regards,
George
 
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