I-140 and H1B Status

F

freebyte

Registered Users (C)
Hello All

My employer filed my I-140 in June 2008 which has not been approved yet. But the problem is I am not on a project (not working) since May 2008. Would it make any difference on my I-140 processing. Do I need to be on payroll to be qualified to an I-140 approval. Furthermore, how long it takes to get an I-140 approved. Could it hurt my H1B status also?

Any help of feedback in this matter would be highly appreciated.

Thanks

Freebyte
 
I-140 and H-1B are independent trails. The former is a part of GC processing which is for future employment. However, being out of pay for long may impact the H-1B renewal (unless you want to stick to the same employer).
 
Thank you

Thank you for your explanation. So if my employer drops my H1B due to the fact that I am not on his payroll for about 9 months. Does it cause any hurdle on my I-140 processing? and if not then once my I -140 is aproved, he can file my 485 as well. Do I have to be on payroll in order to file a 485?

Please let me know. I appriciate your feedback.

Regards
 
Not being on payroll while I-140 is pending does not effect its result, but since you are in US, USCIS might ask you to prove whether you were maintaining h status at time of I-485 adjudication. Filing of I-485 depends on priority date available for country of chargeability and employment based category
 
freebyte said:
Thank you for your explanation. So if my employer drops my H1B due to the fact that I am not on his payroll for about 9 months. Does it cause any hurdle on my I-140 processing? and if not then once my I -140 is aproved, he can file my 485 as well. Do I have to be on payroll in order to file a 485?

Please let me know. I appriciate your feedback.

Regards
Click to expand...

I-140 processing is getting under the microscope nowadays. This may raise question on your employer's 'ability to pay' criteria. By the way you don't have to wait for the I-140 approval to file I-485: only the priority date matters.
 
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