J1 expired, LC approved, I 140 approved PLEASE HELP, WE ARE DESPERATE...

L

lemnoid

New Member
Hello
We came into US with a J1 visa which expired in sept. 2005. We were not subject to section 212e. After a year from then, our employer applied to Labor Department, we got approved in oct 2006. This week we got i140 approved, we also had fingerprints appointment done. We filed for i485 but the file came back because the priority date was not current.

We got a letter saying that my application for i765 is denied because we do not have i485 pending(category "other workers").

What should i do now ?

Am i eligible to apply for i485 since my visa expired 2 years ago ?
Can i apply now , before fees will increase ?
Will i get EAD ?
I have spoken with 4 different lawyers and they all said i am not eligible to change my status. Is my case really DEAD ?
Thanks a lot.
Hope to get a lot of answers.
Please if you have ANY info post here because we are in a desperate situation, we have been screwed up by our lawyer and apparently we have no way out of this situation.

I am kindly begging you for a straight and detailed answer.
I don't have enough words to express what i feel right now.
Good luck.
Regards.
 
Expiring J1

Hi there-we were in exactly the same position. We had expiring J visa's and one of us had PERM approved and a pending I140. But as you know with a priority not current you cannot file I-485. For us we started a small business and changed to E2 status in February, days before our J visa's expired!!! Now we are in the position where with the July visa bulletin we can file I-485 even though the I-140 is still pending. Have you thought of another visa you could change to to keep you legal - did you get to file under the July visa Bulletin????
 
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