how much time before filing 485?

M

maansi28

Registered Users (C)
My 6 H1 yrs expire in aug 2007, but I should get an extn till 2010 (approved 140)

My q is:
What is the maximum time that you can go after 140 has been approved and PD is current, before you file for 485? For a personal reason, I do not want to file for my 485 before December 2007. Will that be a problem?

MUCH THANKS
M
 
maansi28 said:
My 6 H1 yrs expire in aug 2007, but I should get an extn till 2010 (approved 140)

My q is:
What is the maximum time that you can go after 140 has been approved and PD is current, before you file for 485?
-----------------3 years
For a personal reason, I do not want to file for my 485 before December 2007.
Will that be a problem?
-------------------your PD to file I-485 may not be current in December
MUCH THANKS
M
Click to expand...

-----------------------
 
no more 3 yr extensions?

One more q - Now that the 485 PD dates are current, one of my colleagues was saying that there is a good chance that the 3 yrs H1 extn that one got after 140 was approved, would go away too?

Does anyone know if there is any truth to this?

Much Thanks
M
 
Hi Ginnu,
I read your response to one of the questions and is worried. My 140 cleared in April 2004. PD was current, i went for CP and did not send them further documentation as i was not married. I got married and PD was not current since. I just sent out my 485 asking for a transfer from CP. Do you think i have a problem. I never knew the 140 is only valis for 3 years???.

If you could respond please.
 
Ranchi said:
Hi Ginnu,
I read your response to one of the questions and is worried. My 140 cleared in April 2004. PD was current, i went for CP and did not send them further documentation as i was not married. I got married and PD was not current since. I just sent out my 485 asking for a transfer from CP. Do you think i have a problem.

I never knew the 140 is only valis for 3 years???.
--- who said the approved I-140 is valid only for 3 years???read the poster question. he just asked if I-140 is approved and did not file I-485 as PD was not current will he get H1 extension 3 year or 1 year. answer to that is if PD not current and I-485 not filed one can get H1 extension for 3 years based on approved I-140 but if one file I-485 and want H1 extension then only 1 year at a time.
If you could respond please.
Click to expand...
---------------------------
 
h1 premium

Hi friends,
I have to travel to India (tickets booked for 11/09/07) and haven't received my H1 extension papers yet (140 approved).
My employer and lawyer assure me that the H1 extension was applied in premium a week or so back, but the web site and the hotline don’t have any information for the H1 extension been put in premium.

Two questions:
- Is it possible that the website and hotline have outdated info?
- Would the recipt number for the H1 premium case be the same as the non-premium receipt that we received earlier? (I read on this forum that the receipt number (for tracking on website) will remain the same, just looking to confirm)

Thanks
 
Yes the receipt number will remain the same and your case will be approved (unless an RFE is generated) within 15 calender days.
 
Thanks

Thanks manwithnoname!

Is it possible that the case has been accepted in premium, but the website and the hotline don't have that latest info?

much thanks
 
H1b Pending

Quick question, please, guys:

My h1b (premium processing) extension is pending (140 approved).
Can I travel out of the country before the approval and then get the approval documents sent to me in India? (Keeping my fingers crossed that an RFE doesn;t come)

Thanks much
 
Thanks, lpkrkhoj

Here is the story:

I filed for an H1 extension in feb 2006 and USCIS gave me an extension (I think in error as my 140 was not yet filed or

approved) for 2 yrs and 8 months. As a result, my current H1 extension expires in Dec 2008.

I discussed this with my attorney and we decided to file for an H1 extension as if the extension was only till Feb 2007.

Now I need to travel to India in the next 7 days and still don't have my 'correct' H1 extension. I have done everything IO

can, including upgrading to premium, to get the 'correct' extension. Today, my employer called USCIS and spoke with an

immigration official and here is what were told:
Why are we trying to do a premium process, when the H1 end date is in Dec 2008? After explaining to her what it is that we

are doing, she just said "our system shows he has a valid visa till Dec 2008 and according to me, he should have no problems

entering the US again"


As you can probably guess, by now I am at the end of my wits, not to mention the mental and financial agony.

what do you think? Can I travel on the current H1 extension that is till Dec 2008, get that stamped and travel back

to uS? Is that not advisable?
I really need to travel to India, and your opinion is much appreciated.

M
 
maansi28 said:
Can I travel on the current H1 extension that is till Dec 2008, get that stamped and travel back to uS? Is that not advisable?
Click to expand...

Your case should be straight forward for them to approve and since its PP it should be coming soon. But whether to travel or not is your call. What's your lawyer recommending?

btw since you are traveling, I believe you already have an appointment for a visa stamping.
 
Hi lprkhoj

My lawyer says it is perfectly ok to travel since i have an h1b extension till 2008 Dec. Period.

Yes, I do have an appointment for visa stamping.

I will keep my fingers crossed that the interview and the re-entry go smooth. As far as I know, the check that is made at the visa interview and the re-entry is based on your I94 (A#) and as soon as they feed that number, all that they will see is that I have valid H1 till Dec 2008.

In case my current premium procecssing gets approved, I will have two h1 extensions. And I enter the US based on my 2008 Dec extension, then the other premium extension gets negated (or the other way around) -- which is fine by me.

Sounds good?

thanks very much
 
maansi28:

I was in the exact same situation back in Oct 2005 when I was applying for my H1 7th year extension. When we applied, I was given 3 yr extension, but I did not even have my LC approved by then. I was not even given the option of reapplying and getting it corrected, as the IO that we spoke to said "You have an approved 797 form, you are good, dont confuse USCIS even more." Yes in the span of 2+ years, I travelled abroad, got Visa Stamping done in Canada, and travelled to India a couple of times.

My suggestion is: As much as possible try to avoid sharing all this information about you case, with your Visa officer. The more you share, the more crazy it might get.
 
Thanks nervewreck, lprkhoj....

for your responses and encouragement.

I will travel and keep my fingers crossed

Thanks again guys
M
 
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