I140 Question...

day2talk

Registered Users (C)
Hello guys,

I have filed my I-140 and did not file my I-485 for some company related reasons. I filed it almost a year ago and it has not been approved yet. I am hoping that it might get approved soon.

There is a layoff coming in my company and I might get laid off. I am almost approaching end of my 6 years H1 period.

My question, what are the options for me? If I file my I-485 right now, can I be on safe side?
 
I would say apply for your I-485 ASAP. This way, you'll start the 6-month clock on the 485 right away, and hopefully you will be able to stick around in your current company for that time.

Meanwhile, since your I-140 has been in for a year , there is a good chance it might get approved real soon (if you are EB2 or EB3).

If your I-140 doesnt get approved (but 6 months have passed after 485) by the time you leave the company, you could request your employer to keep the I-140 petition active and use AC 21.

I am not sure what your options are if you are laid off within 6 months of filing I-485...

Good luck,
 
day2talk,

Even though company refused to apply for your I-485, you should have applied by your own by taking the I-140 receipt number. Now apply as soon as possible along with EAD and AP application, so that u can use EAD to work in future. Save yourself for 6 months from the notice date of your I-485 receipt date.

Good luck
 
Re: Jalma..

Originally posted by day2talk
Hey Jalma,

How easy/hard is to apply I-485 on your own?
It is not difficult. All u need is to gather all the relevent documents carefully like medicals, photos etc and make a packet along with the fee but it will take some time to carefully go through all the items on the form but is doable
 
Re: Jalma..

Originally posted by day2talk
Hey Jalma,

How easy/hard is to apply I-485 on your own?

If you want, you can hire another lawyer just to file I-485.. should cost around 1.5K... Not a bad option....
 
The only imporatnt thing is to get a copy of I-140 receipt notice from your employer.Other stuff is all in your hand, complete your medical and then send it with all the paper work.
 
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