Hi, Please Reply. H1 RFE - 485 Application.

U

usdreams78

Registered Users (C)
Hi,

I have H1 RFE and cant get it done as I applied for my 7th Year Extension before finishing 1 year of LC Application.

Spoke to Lawyer, he suggested me to file I-485, my I-140 still pending(applied July 16th 2007). And he told me that i dont need to apply or reply to H1 RFE, once I-485 is applied, you are legal and can stay until you get the decision on your GC.

Please reply me, I dont doubt my Lawyer, but just want to double check if this is really true, so that i can be assured if anybody has a similar case or knows anything about this.

Thank You for your Reply.

USD.
 
usdreams78 said:
Hi,

I have H1 RFE and cant get it done as I applied for my 7th Year Extension before finishing 1 year of LC Application.

Spoke to Lawyer, he suggested me to file I-485, my I-140 still pending(applied July 16th 2007). And he told me that i dont need to apply or reply to H1 RFE, once I-485 is applied, you are legal and can stay until you get the decision on your GC.

Please reply me, I dont doubt my Lawyer, but just want to double check if this is really true, so that i can be assured if anybody has a similar case or knows anything about this.

Thank You for your Reply.

USD.
Click to expand...

file the I-485, EAD AP, your lawyer is correct
 
Hi Ginnu,

Thank you for your reply, I am not planning to travel outside of US, should i still file the AP(Advance Parole, i guess) ?

Please reply.
 
usdreams78 said:
Hi Ginnu,

Thank you for your reply, I am not planning to travel outside of US, should i still file the AP(Advance Parole, i guess) ?

Please reply.
Click to expand...

file I-485, EAD and AP
for work you need H1 or EAD


*** why the lawyer is not redy to reply RFE for H1? if you have valid I-94 still you can file H1 extension
 
My H1 case is little bit of problematic.

Suggest me what should i do.

My H1 Visa was getting over on paper on 3/31/07, my Actual 6 Years were finishing in June 8th 2007, my boss applied for my H1 Extension on 3/26/07 and asked for 2 Years Extension(donno what basis he did it) as my visa was getting over, but my LC was filed on 5/21/06, but i cant wait until than as my visa was getting over and it might create another problem if we would have waited.

So, as per the rule, my LC application must be more than 365 days old, so thats the reason my Lawyer told me that we cant apply for H1 Ext.

Do you think we can amend the H1 application to get the ext. upto 6/8/07 and than again file another H1 asking for 1 year ext. (My visa is already over) Donno if that would create a Ban or something for me staying legally in US.

Please reply if you have any other idea, i would really appreciate it.

Thank You.
 
Your 2 years extn request may not be honored but you get extention until June 8, 2007. Since you 365 days for LC pending is over, you can go ahead and amend your H1 petition quickly.

usdreams78 said:
My H1 case is little bit of problematic.

Suggest me what should i do.

My H1 Visa was getting over on paper on 3/31/07, my Actual 6 Years were finishing in June 8th 2007, my boss applied for my H1 Extension on 3/26/07 and asked for 2 Years Extension(donno what basis he did it) as my visa was getting over, but my LC was filed on 5/21/06, but i cant wait until than as my visa was getting over and it might create another problem if we would have waited.

So, as per the rule, my LC application must be more than 365 days old, so thats the reason my Lawyer told me that we cant apply for H1 Ext.

Do you think we can amend the H1 application to get the ext. upto 6/8/07 and than again file another H1 asking for 1 year ext. (My visa is already over) Donno if that would create a Ban or something for me staying legally in US.

Please reply if you have any other idea, i would really appreciate it.

Thank You.
Click to expand...
 
Hi Great Guru,

can I amend my Current already in RFE H1 Extension? If Yes, can i apply for H1 again from back date of 9th June 2007 to 8th June 2008?

Please reply,

Thank You,

USD.
 
USCIS always consider whatever your status at the time of their receipt date of the petition.

You must consult your attorney for any amendments and additonal filing fees.

usdreams78 said:
Hi Great Guru,

can I amend my Current already in RFE H1 Extension? If Yes, can i apply for H1 again from back date of 9th June 2007 to 8th June 2008?

Please reply,

Thank You,

USD.
Click to expand...
 
Hi, as per my case, When i applied for my H1, My boss asked for 2 Years Ext.

I was not qualified under 365 Days Clause, got an RFE and replied thru the Lawyer after applying for my I140 and I485 mentioning that we have already filed for 140 and 485, but we havent received any Receipt for those, so just mentioned that.

Surprisingly, on Thursday, i got an email that the "Approval Notice Sent", I got the actual letter in hand today.

Its actually approved for 2 Years, expiring 3/21/2009, whereas I was not qualifiying the 365 Days and not even the I140 is approved, so I donno, if i should be ok, or should i get back to USCIS and talk about the 2 Years Ext.? Is that their Mistake or Should I be Fine ?

I havent received the Copy of the Letter with I-94 Yet from the Lawyer.

Please Reply.

Thank You.
 
Out of curiosity - why did your employer applied for 2 years of H-1B extension? I understand that you completed 6 years on H-1B on June 8, 2007 and your I-140 is pending.
 
Hi

manwithnoname said:
Out of curiosity - why did your employer applied for 2 years of H-1B extension? I understand that you completed 6 years on H-1B on June 8, 2007 and your I-140 is pending.
Click to expand...

I am also Curious :eek: to know that on what basis he might has asked it, but I Got it approved and I cant question to my Boss, and I came to know only after i got an RFE that he applied for 2 Yrs.

Do you think the 2 Yrs. Ext. is a problem in my case.

Please reply,

Thank You.
 
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