Help on LC and GC questions upon H1 expiry

T

tarantula

Registered Users (C)
Folks,
My LC regular application is currently at the state level (Idaho). Applied in 3/03. My 6 yr h1 expires on 1/04. The state office is looking at my file currently since they replied back to us with some questions. We'll be sending them a reply this week. Does this mean my file's being processed? The date on the doleta site is 8/01 for regular LC. The date at the Seattle DOL is 8/03 for regular LC. Now, does this mean there is a good chance that my Labor will be certified soon, if everything goes well (The dates don't mean jack if you look at Idaho's dates above).
On the other hand, if my LC is approved before 01/04, does that mean I'm screwed since I cannot take advantage of the h1b extension (My labor would be in pending for 10 months ny 1/04). Should I have to leave the country in Jan if LC is approved, my h1 has expired, and I have filed 140 and 485? Thanks in advance for all the replies.
 
If your LC approved before 01/04, file i-140/485/EAD concurrently and there is no need to leave US.

If your LC has not approved on or before 01/04, if you were out US for one or two or more months, try to recapture the days. Please read H1-6 years expiring thread for more information.
 
Thanks

Ashkar, thanks for the info. So, on what basis am I in status once I file 140/485/EAD. Is it true that I can work only if I get the EAD card, which I heard takes 90 days to obtain from the local BCIS? I'm hoping my labor gets cleared before Jan.
 
Once you file I-485, you will be in adjustment status and you can stay here legally. Yes, You can work legally after receiving your EAD. If you apply for recapturing for the days you were out of US, you can work as long as the case is pending or until you receive your EAD (You can also apply for 7th year extension on or after 03/03/04)
 
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