I -140 Approved

BAFINPA

Registered Users (C)
Came In Nov /2006, Applied For A Labor Cert, Got Approved, Filed I-140 Just Got Approved, And Now I Do Not Know If I Can Apply For An Ead, My Priority Date Is Just August/2006 I Do Not Think Is Going To Be Current Pretty Soon.

My Category Is Eb-3 With A Sponsor Company.
My I-94 Expired On May/2006.

If Anyone Can Please Advice Me?
 
BAFINPA said:
Came In Nov /2006, Applied For A Labor Cert, Got Approved, Filed I-140 Just Got Approved, And Now I Do Not Know If I Can Apply For An Ead, My Priority Date Is Just August/2006 I Do Not Think Is Going To Be Current Pretty Soon.

My Category Is Eb-3 With A Sponsor Company.
My I-94 Expired On May/2006.

If Anyone Can Please Advice Me?
You have to wait to file I485, if you want to adjust status in USA.
You will be eligible to file EAD with I485 or pending I485.
You cannot file I485 if your priority date is not current.
 
BAFINPA said:
Came In Nov /2006, Applied For A Labor Cert, Got Approved, Filed I-140 Just Got Approved, And Now I Do Not Know If I Can Apply For An Ead, My Priority Date Is Just August/2006 I Do Not Think Is Going To Be Current Pretty Soon.

My Category Is Eb-3 With A Sponsor Company.


My I-94 Expired On May/2006.
----------------you came to US in Nov/2006????????
*** If I-94 is expired you are staying illegally in US
If Anyone Can Please Advice Me?
 
Last edited by a moderator:
I-140

Thank You Assur For Your Answer.

Ginn To Your Question, Yes I Came On November 2006,
 
BAFINPA said:
Thank You Assur For Your Answer.

Ginn To Your Question, Yes I Came On November 2006,

You came to the US this month and you already have labor certificate and I140 approved?!? Today is Nov. 7!
Can you be more specific please?
 
I-140

I Am Sorry To All Of You, My Mistake, I Came Last Year November 2005. Means I Have One Year Here.

But Anyway, It Does Not Look Too Logic To Me, Now I Know I Can Not File My 485 Until My Priority Day Is Current, So I Can Not File My Ead Either, What I Am Supposed To Do "just Wait"
 
Well if your I-94 has really expired then you are out of status. What status were you on, B1?
 
BAFINPA said:
I Am Sorry To All Of You, My Mistake, I Came Last Year November 2005. Means I Have One Year Here.

But Anyway, It Does Not Look Too Logic To Me, Now I Know I Can Not File My 485 Until My Priority Day Is Current, So I Can Not File My Ead Either, What I Am Supposed To Do "just Wait"

Keep your H1 up to date and wait. That seems to be the name of the game we're forced to play.
 
I-140

Thank You Ginnu For Your Answers.....but You Are Illegaly In Usa When You Enter The Country Without Passing A Port Of Entry, It Means By An Airport, A Port, Or Even By Car Showing A Valid Visa To Get In.

If You Enter The Usa With A Visa(any,tourist,parole,etc,) Customs Will Give You An Admitted Date And The Lenght Of Time That You Can Stay In The Country(usually I-94), If You Stay Longer Than This Day Then You Are Out Of Status But Not Illegal.

Out Of Status Is An Administrative Fault According To Uscis, Very Different From Illegaly ,as You Know The House Of Representives Want To Make It A Phelony Making Many People Angry And Worry.

Moreover, When You Apply For Your I-485 Is A Form To Adjust Status, As The Word Says So "to Adjust" Nothing To Do With Illegal.

I612, To Your Question, Yes I Came With A B1/b2 Status.
 
I-140

Thank You Unitednations For Your Feedback. Weel I Think I Can Be Really Screw Up Now After Your Comments.

My Case Real Quick, I Came 11/05, I Found A Sponsor, This Sponsor Filled My Labor Perm And I-140 Through Their Lawyer. Both Approved At This Moment, I Never Applied For An H1b. My I/94 Expired On May 2006. I'm Stock Here.

I Went To College Here In Usa 11 Years Ago, Before I Went Back To My Country. By Then I Got My Ead, Ss, And Drivers License. Now It Means Nothing Because When I Came Last Year I Enter With Another Status I Am Not A Student Anymore.

When I Came I Renew My Driver License For 6 Motnths Because Of My I-94, Now Is Also Expired.

End Of My Sad History.
 
Well it is not the END of the story, it is the begining of the rest!

If I were you i will see a good immigration lawyer ASAP. Your best option might be to leave the country and reenter on H1B visa through your employer. But don't take my word for it.
 
unitednations said:
quotas finished.
he violated his non immigrant status by filing 140.
he violated his visa by overstaying.

department of state would give him an extremely difficult time trying to re-enter in the future.

Can he use 245(K) if he leave now?
 
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