I-485

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Mayerlly

New Member
I'm currently under H1B and my employer has filed a labor certification with the department of labor in Richmond since Aug 2002, if approved we'll be filing for permanent residence. But this process has been dragging for too long and there has been some laid offs at this company

I recently got married with a US citizen and I have decided to start applying for permanent residence through my husband.
On form 1-485, there is a question that says: " have you ever before applied for permanent resident status in the US? My question is....Since the process of permanent residence through my employer is still pending with the department of labor, is the answer to this question a "yes" or a "no."

I have also just received the extension of my H1 B for my 7th year. Your help/advise is greatly appreciated. Thank you!
 
Hi Mayerlly,

Since you were just filing for Labor which qualifies your position for immigration, but you personnally are still not in the immigration process yet. If you have filed for I-140 then it's a different story.

But, please please confirm with your attorney.

Good luck.

Let_It_Be.
 
The answer is NO, as u r in the labor stage.

Only if u have filed for I-140, I-130 or I-485, u will have u answer as yes.
 
Originally posted by badobo
The answer is NO, as u r in the labor stage.

Only if u have filed for I-140, I-130 or I-485, u will have u answer as yes.
Click to expand...

Hi

Thanks so much for your reply. I had to pospone my application because I have to travel to Canada. I understand that once you file I-485 you have to stay in the country until after the interview and the approval. Is this true? How long do you have to wait until you can travel. I also understand that you can aply for advance parol, but that is taking 12 weeks.

Thanks again,
Mayerlly
 
Originally posted by Let_It_Be
Hi Mayerlly,

Since you were just filing for Labor which qualifies your position for immigration, but you personnally are still not in the immigration process yet. If you have filed for I-140 then it's a different story.

But, please please confirm with your attorney.

Good luck.

Let_It_Be.
Click to expand...

Hi,

Thanks so much for your reply. I just posted another question.

Thanks again,
Mayerlly
 
No such restrictions on travel . As long as you have a valid H-1 visa OR an approved AP you can travel while you've filed I-485. If you're H-1 has expired, then you need to have your AP approved prior to departure from the U.S.
 
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