I 140 TSC issue - Have to leave from US - Please advice

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Dev_recruit

Registered Users (C)
Hi Friends,
I came to US in December 98 so Dec 2004 i will be completing my 6 years of H1 stay. I have transferred a Labor in May'2004 and i filed for I 140 on June 4th from Texas center as i have SRC no. as reciept #.
Now i haven't heard anything on I 140 yet and the company is saying that it is a transfer labor so I 140 is also a transfer case, so we shouldn't file 485 till we get I 140 cleared. Now if i do not receive my I 140 in next one month then i have to leave for India, can you please advice me if i can extend my stay in US now??, My labor and I 140 is filed in this year so extension is possible?, If my I 140 gets cleared in next year when i am in India then can we apply for consular processing?, how long that can take?, can i come back on H1 next year again after staying out for 1 year even if i recieve my 140 next year when i am in India??
Please advice.
Thanks,
Dev
 
Dev_recruit said:
Hi Friends,
I came to US in December 98 so Dec 2004 i will be completing my 6 years of H1 stay. I have transferred a Labor in May'2004 and i filed for I 140 on June 4th from Texas center as i have SRC no. as reciept #.
Now i haven't heard anything on I 140 yet and the company is saying that it is a transfer labor so I 140 is also a transfer case, so we shouldn't file 485 till we get I 140 cleared. :mad: :) FUNDAMENTALLY WRONG :) :mad: Now if i do not receive my I 140 in next one month then i have to leave for India, can you please advice me if i can extend my stay in US now??, My labor and I 140 is filed in this year so extension is possible?, If my I 140 gets cleared in next year when i am in India then can we apply for consular processing?, how long that can take?, can i come back on H1 next year again after staying out for 1 year even if i recieve my 140 next year when i am in India??
Please advice.
Thanks,
Dev
Click to expand...


Consult attorney first.
 
couple of things: During your stay between 98 and 04 if you were out of US for substantial period (like 2-3 months etc) than you can use that time to stay here. You'd need to consult a good lawyer on this but I know this can be done.
Since your I140 is pending adjudication I dont think your stay here after 6 years will be deemed illegal but may be you cannot work until you get the EAD. Check this out.. and if this is the case than I would suggest you ask your company to file I485 so that you can get your EAD and hence you would be eligible to work.
I am positive there is a leeway in your case.. so consult with a good attorney and you would be happy you did that.
 
Transfer 140 is bull. Ur employer is dragging his feet to file 485 fearing u will run away once u get GC. He is just trying to prolong by not filing 485. If he is not doing it, i suggest u do it urself. Lot of folks have done this before... Search on this forum somewhere. If not, force ur employer to file....

Good luck..


"Now i haven't heard anything on I 140 yet and the company is saying that it is a transfer labor so I 140 is also a transfer case, so we shouldn't file 485 till we get I 140 cleared. "
 
kailashr is right. You need to go ahead and file your I-485 ASAP, so you can file for your EAD and get your work permit early before your current status expires
 
If you have a copy of 140 ...

You can file ur. own 485 with a receipt notice of 140 however in your case that option is fraught with risks. Since ur. 140 is not approved yet, if ur. employer comes to know you have filed 485 without telling them they may revoke ur. 140 and leave you with no option to get GC anytime soon.

Wish you had filed a backup labor from somewhere else to use it for H1 extension. The best course for you now is to convince ur. employer that if they don't file 485 you will have to leave the country.

may be ur. employer wants you to relocate to ur. home country and work from there and that's why they are playing the tricks. Just be calm and convince ur. manager.

will_get_there
 
Solution

Hey there is nothing to worry if you can work it out with your attorney. Since you have filed for the I-140. using the receipt you can file for your seventh year H1 extension and thats exactly what i am doing.

You can file for you H1 Extension ( seventh year ) based on your I-140 receipt there is no need to panic

Thanks
 
Re: Filing Extension on I 140

Hi Everyone,
Thanks for showing so much support. I asked my attorney if i can file for extension of 7th year or not as i have filed for I 140 in June 2004 but he said it is not submitted before a year so there are major chances of getting a rejection on getting extension. Only if your I 140 is clear now you can ask for extension. If i apply for extension on the basis of I 140 and if it gets rejected or if I 140 also gets rejected then I will be without status and it will even creat difficulty in getting new H1 entry after a year.
Attorney said, just to be safe, you can leave when time is due and apply for consular processing while leaving from US. Within next year when your I 140 will be cleared, you can get your interview at Consulate in Mumbai or if your papers have not reached the consulate in India then come here on H1 and visit India when you get a call for Consulate interview for GC.
Man this is really making me think twice to apply for Extension then,
What is your status and when did you file your I 140, because you mentioned that you have applied for extension.
Dev
 
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