H1B extension Pending, can I file for I-485

O

Optimist2004

Registered Users (C)
Hi,

I'd appreciate if anyone can give me tips on the following:

My i-140 got approved recently, and I want to apply for I-485. My current H1B is valid until Jan 1st 2005, andI have already filed for an extension. I have completed 4 years on H1B. BTW, my current I-94 is valid until Jan 1st 2006.

Now, my employer says that I should wait till we receive the H1B approval. This may take a while. I am not sure if this is a genuine reason or whether my employer is trying to dely my case. Any advice will be helpful to calm my nerves.
 
Optimist2004 said:
Hi,

I'd appreciate if anyone can give me tips on the following:

My i-140 got approved recently, and I want to apply for I-485.
----- why are you waiting? file I-485 , EAD AP
My current H1B is valid until Jan 1st 2005, andI have already filed for an extension. I have completed 4 years on H1B. BTW, my current I-94 is valid until Jan 1st 2006.
----- file the I-485, one can be on H1 after I-485 filing
Now, my employer says that I should wait till we receive the H1B approval.
---Why to wait? H1 extension has nothing to do with I-485, both are diffrent petitions, you dont need employer wrong advice for filing YOURT I-485
This may take a while. I am not sure if this is a genuine reason
--not a genuine reason , employer seems to be playing delay trick
or whether my employer is trying to dely my case.
---YES, but you dont need his help to file I-485, take the copy of I-140 approval and EVL and file I-485 ASAP, or ask the employer that Law does not say anything that one shold wait for H1 extension approval ( attach copy valid I-94 with I-485 filing)
Any advice will be helpful to calm my nerves.
Click to expand...
 
Ginnu, Thanks for the reply. I will try and persuade my employer to file my I-485. I am tempted to use an outside lawyer to file my I-485, but I don't know the rules on this. I don't have the I-140 approval copy, but my case was approved on November 30th according to the USCIS website, and I also received their email notification. I spoke with the USCIS rep, and she also confirmed that the approval letter was mailed on Nov 30th. do you know if there is a way I can request a copy of I-140 approval from the USCIS? From what i hear, the request will have to go thru the employer.
 
Optimist2004 said:
Ginnu, Thanks for the reply. I will try and persuade my employer to file my I-485.
--- just get the I-140 approval notice copy from employer or lawyer, it is YOU who file I-485 not the employer,

I am tempted to use an outside lawyer to file my I-485, but I don't know the rules on this.

---once get the I-140 approval notice or I-140 filing reciept,go to any lawyer you feel becase I-485 belongs to you and you can hire your lawyer.

I don't have the I-140 approval copy, but my case was approved on November 30th according to the USCIS website, and I also received their email notification.
---take the print out of approval from online status and take the print out of email, meet good lawyer
I spoke with the USCIS rep, and she also confirmed that the approval letter was mailed on Nov 30th.
---some time they say it is mailed but mail it later, I think your company lawyer and employer has recieved the I-140 approvals( if they have not changed the offices AFTER filing I-140)
do you know if there is a way I can request a copy of I-140 approval from the USCIS?
-----they will not send it to you but through FOIA you can get that and it will take time, search the threads with FOIA
From what i hear, the request will have to go thru the employer.
Click to expand...
------- I-140 belongs to employer, once I-140 is approved then approval notice is sent to Lawyer and copy is also mailed to employer, you need to ask for I-140 approval copy from Lawyer or employer.
FYI you can also file I-485 with copy of I-140 filing reciept.
 
another question:
My I-140 was filed and approved in California. My employer is based there too. But I live, work and pay taxes for Utah (under Nebraska USCIS). Can I file my 485 in California (which is fatser) instead of Nebraska. Thanks for your input.
 
Optimist2004 said:
another question:
My I-140 was filed and approved in California. My employer is based there too. But I live, work and pay taxes for Utah (under Nebraska USCIS). Can I file my 485 in California (which is fatser) instead of Nebraska. Thanks for your input.
Click to expand...
---if you are resinding under NSC file I-485 with NSC if you are residing under CSC then file with CSC
 
I suggest you file I-485 in the same place that your I-140 is filed , it will make easier to process your application, i think. If INS thinks neccassary they will transfer the case to Nebraska.
 
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