H1 7th Year Extension question - Appreciate your thoughts

A

amartvcs

Registered Users (C)
Hi there,

My first H-1 is expiring on 04/2005. My I-140 has been approved. I have not filed for my I-485 yet, as I am trying to get married sometime next year. My lawyer told me that they have to file for I-485 now so that they can file for my H-1 one year extension. He informed me that since my I-140 was approved and my I-485 has not been filed yet, INS will not approve my 7th year H-1 extension. He told me that INS look for a pending application.

I do not want to file for my I-485 with out knowing the date of my wedding. Is there any way I can apply for my 7th year extension with out filing for I-485.

I appreciate your thoughts/ideas on this complicated issue.

Thanks in advance.
 
I dunno about 485, but with CP, I applied with 140 approved. The CP was not in process at that point.
 
amartvcs said:
Hi there,

My first H-1 is expiring on 04/2005. My I-140 has been approved. I have not filed for my I-485 yet, as I am trying to get married sometime next year. My lawyer told me that they have to file for I-485 now so that they can file for my H-1 one year extension. He informed me that since my I-140 was approved and my I-485 has not been filed yet, INS will not approve my 7th year H-1 extension. He told me that INS look for a pending application.

I do not want to file for my I-485 with out knowing the date of my wedding. Is there any way I can apply for my 7th year extension with out filing for I-485.

I appreciate your thoughts/ideas on this complicated issue.

Thanks in advance.
Click to expand...

its better for you to file i485 immediately and then get married and file her i485 as follow to join. all these should happen within 6 months for safe bet. get medicals done and file i485 soon atleast by the end of december. not sure of your category (eb2/eb3). priority date will be retrograde long back in the first quarter of 2005.

caution: you should be in h1 to bring her on h4. if you are in ead you will not be able to bring her as dependent. plan accordingly to file & get your 7th year h1 prior living usa
 
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