I 485 -- status issue

K

krimob

New Member
HI,
I have filed my 140/485 on april 2005 and my I 140 got approved on May 2005. EAD approved and FP is done. But, i have forgotten to extend my H1 and my H1 has expired on June 15th.Do you think my status is a problem to USCIS in order to adjudicate my I 485 application. Your opinions are welcomed.



Thanks
Krimob
 
krimob said:
HI,
I have filed my 140/485 on april 2005 and my I 140 got approved on May 2005. EAD approved and FP is done. But, i have forgotten to extend my H1 and my H1 has expired on June 15th.Do you think my status is a problem to USCIS in order to adjudicate my I 485 application. Your opinions are welcomed.
Thanks
Krimob
Click to expand...
Your status is maintained as your 485 is pending. Now your status is 'pending AOS'. You will need EAD to work as your H1 is expired.
 
485 - h1 status question

Hi Gurus,

I have a question on how will i resolve my issue with out spending lot of money on it.

I got my I-485 pending since Dec' 2003. I have given finger prints twice (first time Apr'2004, second time 2nd Aug' 2005). my I-140 approved in 2004 itself.

Now I am working on my H1B visa which is going to expire by 15th Dec' 2005. and my wife got her H4 visa recently and is also valid till 15th Dec' 2005.

I heard people saying that we cannot apply for my wife's I-485 until October. is that true?? If so then I will have some issues with my status.

So my questions are:

1. If I apply for my wife's I-485 in Oct' 2005 its going to take 3 months plus(which is end of Jan' 06) to get the EAD and AP and it costs less. So in the mean time my wife's H4 Visa will expire by mid Dec' 2005. So will she be out of status from Dec'16th to till she gets EAD ??

2. I assume I can apply for my EADand AP anytime, so for me I will get it before my H1 expires in Dec' 05.

I am worried about my wife's status. Is there any alternate solution for this situation??

or is it must that I should extend both H1 and H4 to be on status.

please let me know gurus.

Thanks,
Rajesh.
 
rsimhadri said:
Hi Gurus,

I have a question on how will i resolve my issue with out spending lot of money on it.

I got my I-485 pending since Dec' 2003. I have given finger prints twice (first time Apr'2004, second time 2nd Aug' 2005). my I-140 approved in 2004 itself.

Now I am working on my H1B visa which is going to expire by 15th Dec' 2005. and my wife got her H4 visa recently and is also valid till 15th Dec' 2005.

I heard people saying that we cannot apply for my wife's I-485 until October. is that true??
------ true, may be after october
If so then I will have some issues with my status.

So my questions are:

1. If I apply for my wife's I-485 in Oct' 2005 its going to take 3 months plus(which is end of Jan' 06) to get the EAD and AP and it costs less. So in the mean time my wife's H4 Visa will expire by mid Dec' 2005. So will she be out of status from Dec'16th to till she gets EAD ??

2. I assume I can apply for my EADand AP anytime, so for me I will get it before my H1 expires in Dec' 05.

I am worried about my wife's status. Is there any alternate solution for this situation??

or
is it must that I should extend both H1 and H4 to be on status.
------------------ that is correct
please let me know gurus.

Thanks,
Rajesh.
Click to expand...
I don’t know your PD (the date LC was filed) and your case if it is EB3 or EB2. Many lawyers say that EB3 may not be current even after October 2005 for India born; you may have to wait to file your wife I-485 till your PD becomes current. You need to file your H1 extension and your wife H4 extension before her and your I-94 expire so that she is on valid H4 status
 
485 -- status issue

Thanks for the reply ginnu!

my Labour PD is April 2003. Is that true I need to wait until my LC PD becomes current??
 
Thank ou ginnu for your reply...

what if our H1/H4 expires before LC PD becomes current? Do we have to keep extending the H1/H4 until I can apply for I-485 for my wife??

I have one more year left in my 6year H1B limit, but as my AOS is pending can I opt for 3 years extension??

appreciate your response...
 
rsimhadri said:
Thank ou ginnu for your reply...

what if our H1/H4 expires before LC PD becomes current? Do we have to keep extending the H1/H4 until I can apply for I-485 for my wife??

I have one more year left in my 6year H1B limit, but as my AOS is pending can I opt for 3 years extension??

appreciate your response...
Click to expand...

Yes. Yes you can.
 
You must log in or register to reply here.
Top