I140/I-485 file in June

[r240968]

I140/I-485 file in June....H1 getting expire on Sept.03......what are chances of getting I140 approved & getting EAD before H1 expires.
My category id EB2.....how much time it takes to process I140........
When i can go for interim EAD......

if any one has answers please reply.

 

[abhi485]

H1-B Clock stops as soon as you file for your AOS(i-485)

Hi,
There are couple of options based on your dates.
1.You can file your 7th year extension(as a backup,just in case),if you have your labor filed 365 days back.
2.As per my lawyer,H1-b clock stops as soon as you file your I-485(AOS).
3.Since you have 3-4 months,based on your service center,you might get your EAD approved by then. and other point is,its not that you have to have your I-140 approved for your EAD.BCIS is doing a prelim check before approving EAD(jes to eradicate frivolous petitions of I-140)

Good Luck!

 

[Rich00]

Forget it

Sorry to disagree with abhi485, but, the I-140 is taking 275 to 300 days according to the BCIS site. And the EAD will not be processed unless you have no RFEs on the I-140. The interim EAD will be issued only if you have the I-140 without answer for over 90 days, or the last RFE on it was mailed over 90 days ago. At least according to the latest info.

If you still can apply for an H1B renewal, do it. It's taking about 12 weeks. As far I know if you're in your 6th year, still can apply for one extra year, because you filed the I-140.

Rich