I140 (Sub. Labor) /485 Question

S

soham13

Registered Users (C)
Hi ,


I have applied my I140 from TSC on 09/05/2003. I am using already approved labor. So my attorney suggested not to apply for the 485 at the same time as I may loose money and status if I140 is not approved.

But my H1 is expiring in March,04 and I have got an exten. approved for 7th year based on this pending I-140.

Now I am really confused whether I should have applied for 485 same time along with I 140 ? Or should I apply it now as a semiconcurrent since I-140 is taking longer ? What are the chances that I-140 would not get approved ?

Can any one help Please ?

Thanks,

Soham13
 
Please Clarify - Semi concurrent processing.

Hi,

I am in the same boat ( substitute LC) . Files on Sep 12 for the I-140.

Company finally agreed to file for I-485. But I have my H1 till oct 2005.

So if I file for I-485 and my I-140 is rejected, Will my H1 status be messed up..

Thanks in advance...
 
H1 and GC unrelated

Your 140 has no impact on H1 whatsoever. If 140 is rejected and u are working on EAD then u immediately go out of status however if you are working on H1, you are safe till H1 is valid.

I have also filed 140 with labor_sub and my H1 is expriting in Oct 2005. I have even gone ahead and filed 485.

Why do u think ur. Labor sub 140 wil be rejected ? Didn't you do a proper match of qualifications and experience ?

I am curious to know the reasons why I-140 with labor sub. may get rejected. If anyone has such a experience please post.

will_get_there
 
SOHAM

Hello Soham13,
I have a question, on your h1 - 7th year extn. My doubt, how INS gave extn based on I-140 (subst labor) which was filed on sept 5th 2003.
becoz the law says that you can apply for 7th year based on ONE year pending of i-140/labor/485 etc...
Can you clarify
thanks
 
Hi BMW140,

I got the extension on the basis of pending I-140. It seems they need either labor pending for more than 365 days or I-140 pending. It seems There is no time criteria for pending I-140.

Now I am planning to send the H1 for Stamping to St.Louise offices. Has anyone already got 7th yr extension stamped ?

Hi will_get_there ,

My attorney said INS may have some questions regarding the Degree evaluation of the preapproved labor and my own degree.

That's the only reason I am worried if I-140 gets rejected.



Regards
 
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