I 140 Filed. What About I485? Very Urgent!help!

In my opinion, this is one option:

1. File I-485 and maintain H-1B status.
2. Resolve the H-4 issues.
3. Wait for the I-485 receipt notice.
4. Wait for your priority date to be current again.

At this point you can interfile your wife's I-485 application.
 
Hi manwithnoname,

Thank you for prompt reply.

I will first take care of my H1 Extension beyond 6 Years for which I have got a RFE asking the basis for Extension beyond 6 Years, I have my labor approved since May 24 2006 in PERM, and recently filed my I-140 (July 16th).

Can you tell me If i will be able to get my H1B Extension in my current conditions?

Also, Just to clarify, I can add my wife later when my I-485 priority date becomes current, right?

Your Answer was very clear and easy to understand.

Please reply.
 
The clause to obtain H-1B extension beyond 6 years would be to file the labor certification at least 365 days earlier than your H-1B 6 year term expiry date. If you do not meet this clause, in my opinoin, you should file the I-485 before H-1B expiry.
 
Thank you for your reply.

Let me tell you my case so you can reply specifically to my case.

I got my PERM Labor approved in 1 day on May 24, 2006, My H1 expired 3/31/07, although my 6 Years finished in 06/08/2007, but as my H1 Was expiring 3/31/07, i applied my extension on 3/25/07 and in July 1st week, got an RFE for proof of basis for Extension beyond 6 Years.

My lawyer applied for the I-140 on July 16th and he told me once the Prem. Processing starts in August, we will upgrade my I-140 case to it and once we get 140 approved, we will be able to get atleast 1 year extension.

Now, I am worried if prem. proc. doesnt start and if i dont get my I-140 approved which i wont if there is no prem. proc. for it.

What are my chances to get atleast a year of extension. and what should i do for that?

Please reply.

I appreciate your prompt reply.

Thank You.
 
I did not understand the reason for the RFE. Had you applied for H-1B extension on March 25, 2007, you should ask for validity upto 06/08/2007 (H-1b 6 year limit). Once you cross the 365 day mark from LC filing, you become eligible for the H-1B extension beyond 6 years. How did your lawyer applied for H-1B extension?
 
Hi manwithnoname

Thank you for replying.

Unfortunately, my Boss applied for my H1 Extension and without the knowledge of it, he asked for 2 Years Extension, i donno why but he did.

Can you suggest me a way out ?

I tried searching if I-140 Premium has started or not, but couldnt find anything related to that. Do you have any idea about it?

Also your reply regarding my 485 with my wife above, Should i wait to file I-485 or i should file it before Aug. 17th?

As my wife's H4 Issue is critical and donno if it would be resolved or not. I am contacting different Attorneys to see if anybody can help.

Please reply,

Thank You Very Much.

manwithnoname said:
I did not understand the reason for the RFE. Had you applied for H-1B extension on March 25, 2007, you should ask for validity upto 06/08/2007 (H-1b 6 year limit). Once you cross the 365 day mark from LC filing, you become eligible for the H-1B extension beyond 6 years. How did your lawyer applied for H-1B extension?
Click to expand...
 
Last edited by a moderator:
Hi manwithnoname,

Please reply me as I-140 premium suspension is now indefinite; atleast until further notice from the USCIS, what are the chances for me to get my H1B approved as my lawyer was hoping to get approval based on my approved I-140 if it would have been available for premium processing.

I just applied for my I-140 and was going to upgrade to premium, but do I have any other option now for H1 extention beyond 6 years?

I got my PERM Labor approved in 1 day on May 24, 2006, My H1 expired 3/31/07, although my 6 Years finished in 06/08/2007, but as my H1 Was expiring 3/31/07, i applied my extension on 3/25/07 and in July 1st week, got an RFE for proof of basis for Extension beyond 6 Years.

Please reply.

Thank you in Advance.
 
I-140 receipt received

I-140 receipt received on Aug 6th. Actually I-140 sent to Nebraska Service Center....But the receipt is saying "This case is at our TEXAS SERVICE CENTER location". Can someone please explain this.
 
It is possible that your case was transferred to Texas Service Center (TSC) ... what is the first 3 letters of your case number? If it is SRC then your case will be processed by TSC otherwise for LIN it would be NSC.
 
usdreams78 said:
Hi manwithnoname,

Please reply me as I-140 premium suspension is now indefinite; atleast until further notice from the USCIS, what are the chances for me to get my H1B approved as my lawyer was hoping to get approval based on my approved I-140 if it would have been available for premium processing.

I just applied for my I-140 and was going to upgrade to premium, but do I have any other option now for H1 extention beyond 6 years?

I got my PERM Labor approved in 1 day on May 24, 2006, My H1 expired 3/31/07, although my 6 Years finished in 06/08/2007, but as my H1 Was expiring 3/31/07, i applied my extension on 3/25/07 and in July 1st week, got an RFE for proof of basis for Extension beyond 6 Years.

Please reply.

Thank you in Advance.
Click to expand...

The H-1B filing strategy resulted the delay ... I don't know of any other options
 
Hi manwithnoname,

Thank you for your reply.

I contacted my lawyer, he suggested me to apply my I-485 & EAD and not to response to H1 RFE as he told me that there is no other way we can get it done.

He also told me that Once I have applied for I-485, I am legal until any decision is made on my GC and i can stay here legally, Is this true?

Please reply,

Thank You.
 
If your lawyer does not respond to the RFE, the H-1B extension petition will probably get denied. In that case, please ask your lawyer about your status after your last I-94 (on H-1B) expiry.
 
Hi manwithnoname,

I spoke to my lawyer, he told me that we will reply before 1 week of the RFE Reply by Date. Donno whats going to happen.
 
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