I730 + Concurrent 140 & 485 Filing

S

snowbrd

Registered Users (C)
I have a couple of questions about my current status.

I am currently on H1B and my company has filed for concurrent 140 and 485 for me. H1B 5th year will expire 12/2004.

I(my wife) have also filed for I730 based on her asylum status.

Couple of questions:
1. What is the effect of I730 on my other cases?
2. I want to go to Canada and have my passport stamped with the H1B status (I am canadian). What is the likelihood that this might cause a problem? Originally, I came on a TN visa but realize that H1B is dual intent. Should I get AP?
3. If I lose my job and the 140 &485 are withdrawn, am I considered to be out of status? With the pending 730, I doubt that is the case. Is there any way I can continue working ?
4. Is there a difference between the processing time for people present in the US and those that are not? BTW, why is taking so long? The 730 date has not moved for more than 4 months.

I appreciate all your answers, suggestions.

Snowbrd
 
1. No effect at all. Why should there be (unless the information you submitted on the I-730 contradict the information you provide on the I-140/485)?

2. Just act as if the I-730 did not exist. Having an I-730 pending should not alter the way you get your stamps.

3. I do not think they have addressed these precise out of status issues at all. Personally, I think it you would be fine under 212(a)(9), though not necessarily under 245(c). But if you have your I-730 approved and eventually submit an I-485 on that basis, the out of status issues are not relevant.

And unfortunately current rules do not permit I-730 applicants to have an EAD.

4. It does not matter where you are located-NSC takes the same amount of time to process. It is taking that long mainly because of resource allocation issues.. They cannot do everything well at the same time and thus have to cherry-pick where to focus. They have made a policy judgment that other applications are more urgent than I-730s.
 
Questions about EAD

If my I140 gets approved and then I get laid off, do I need an EAD to use AC21? Right now I am on H1B visa and company is not willing to file for EAD.

Assuming that an EAD is needed to use AC21, is there any way I can file for EAD myself without an I485 Reciept??

In case I get laid off, can I just wait for my I485 to be ajduicated?

Thankks for the replies in advance.
 
You must log in or register to reply here.
Top