Jan 2003 I-140/I-485 concurrent Filers - READ ONLY

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Hello GM01,

Here's what I think - from what I know of this excruciating and unnecessarily (in my opinion) complex process.
If your 6 years have expired already and you don't have your I-140 approved as yet, I don't think you can avail of the portability law and work on your EAD as yet. So your best bet will be to find a project ASAP. Relocate if necessary to keep your job with your current employer. Once you get your I-140 approved, you may change employers.
I am in a similar boat as you - Applied in January and am waiting for the I-140. Clinging on to my current project for dear life. My 6 years will be up in October.

One question to you - did you apply for your 7th year extension on your Visa before it expired?

Hope that helps. As everyone in this forum keeps pointing out though, the best person to advise you on legality issues of what you are contemplating, would be an immigration lawyer.
 
I-140 Pending Job Change

Thanks for sharing your opinion herenow.

My employer says that he will support the I-140 even if I leave the company but I don't trust them completely. Even if they do, if any RFE comes up in the I-485 process, which is very likely, I might be at the loosing end.

I did not apply for 7th year extension prior to its expiry. Do you foresee any problems because of this?
 
If any REF comes up during your I485, as long as you have a similar job offer at that time and your own background is fine(no criminal record etc), you are OK. I485 is your application, has nothing to do with the company.
 
GM01,

The real issue here is the fact that you don't have an approved I140 as yet. The employer might continue the application etc. but these are moot issues since portability can only be legal on an approved I140.
So, as far as I know, (legally) you have no choice but to wait for it to be approved before you can change employers. If an RFE comes up later during your I485, you might have to explain why you didn't inform them of the change in employment and/or produce a letter of employment dated AFTER the I140 approval date (whenever that may be).
Moreover, if you get an RFE even before your I140 is approved, you might be in a bigger soup if you have already changed employers.

All this probably doesn't make you happy, but its better to face the facts sometimes. Don't take risks with the INS/BCIS as far as possible. :)
 
anyone having these thoughts...

While I was browsing the processing time of 485 for Vermont service center, I was frustrated to see that the processing date moved by just 15 days in the last 2 months.

This makes me think, that I should have gone for Consular Processing. Does anyone know, what it takes to convert to consular processing ?
 
Did any else with Jan RD got their I-140 approved. I know some NOV and DEC RD are getting approved.

Please keep this thead live.

Good luck every one.
 
Did any else with Jan RD got their I-140 approved?

Did any else with Jan RD got their I-140 approved. I saw some NOV RD are getting approved now.

Thanks.
 
H1 7th year extension and and AP usage

Hi,
My I-140 got cleared and I-485 is pending. My current H1 is going to expire on 11/06/2003. My company is going to file for 7th year H1 extension soon.

1. Is it ok to go out of this country and comeback using AP with H1 extension pending? My wife and I are planning to use AP when we come back to US in Dec 2003.

2. After I come back, can I work on H1 again with 7th year extension pending or do I need to switch to EAD. I would like to retain my H1 status if possible.

3. As my wife's H4 will be expired also. I don't have any plan for her H4 extension. Can she be on AOS status while I am (primary applicant) on H1 ?

I would really appreciate your suggestions and time to answers my questions.

Thanks
 
Jan 2003 I140 VSC

I-140 VSC, Jan 24, 2003 fedex received in VSC. processing going on and on, just waiting.......
485 filed 1 month later, received the AP and EAD. FP done in april 2003, waiting...........
 
Approved

Guys,

I don't know if this true yet or not, In the morning when I checked my online status, it said famous "Couldn't find the receipt", so I turned to the phone and the phone system told me that my I-140 was approved yesterday. HURRAY :cool:

So, it got approved in 240 days.

Thanks to all of you guys providing support to each other.
My information is:

Mailing Date - 22nd Dec, 2002
ND - 25th Jan, 2003
AD - 22nd Sept, 2003
Category - EB3
Filed - Concurrently
AP & EAD approved on 2nd April, 2003


I consider myself to be lucky as I haven't seen much approvals yet for January receipts. Would update you guys as soon as I receive the copy of approval from my attorney.
 
Ref: SAI4567 Questions

Look for answers below:

1. Is it ok to go out of this country and comeback using AP with H1 extension pending? My wife and I are planning to use AP when we come back to US in Dec 2003.
Yes. Its Ok to use AP while entering US.

2. After I come back, can I work on H1 again with 7th year extension pending or do I need to switch to EAD. I would like to retain my H1 status if possible.
Yes, you can work on H1 as long as its status is valid.

3. As my wife's H4 will be expired also. I don't have any plan for her H4 extension. Can she be on AOS status while I am (primary applicant) on H1 ?
Its up to you whether to extend her H4 or not, and she will have a legal status till your I485 is approved.

Needhelp1
 
1. Is it ok to go out of this country and comeback using AP with H1 extension pending

Only problem with traveling when H1 is pending is after you come back you will have new I-94( come along with new H1) which refers to old entry date and port of entry. Your I-94 will be valid for duration of old H1 (or 1 year if you are using AP) This causes some kind of confusion. This will become mess if you send the new H1 for revalidation. Your visa valid for a date which is more then mentioned in your I-94. These things can some kind of concerns/ Problems if you you would like to stay just on H1
 
Folks,

What is the exact processing dates for I-140's in VSC . I am under EB3 and have filed concurrently.

Thanks,
Rotny
 
Re Is it ok to go out of this country and comeback using AP with H1 extension pending

I got a question.

I read from immihelp.com that once you used AP, you assume yourself a parolee, and a parolee can not work in the US, so you need to apply for EAD before going to travel with AP. According to you guys, one can use AP to come back to US, and remain in H1 status? I am confused. Could anybody clarify this?

Thanks a lot.
 
Lately started seeing some approvals of Dec'02/Jan'03 ND (EB3). Thats only if you are a concurrent filer w/ both I-140 and I-485 filed together.

And, what the exact processing dates?...... My guess is as good as yours !!

Originally posted by Rotny
Folks,

What is the exact processing dates for I-140's in VSC . I am under EB3 and have filed concurrently.

Thanks,
Rotny
Click to expand...
 
Possible a EB3

User nepaliraja updated in I-485 thread.

Here is another Jan/Feb Approval :cool:


nepaliraja
1/15/03 140 approved
my I 140 got approved on September 24th 2003.

RD 1/15/03
ND 2/5/03
AP 3/26/03 AD
EAD 3/25/03 AD
I140 9/24/03 AD per phone and online
485 waiting

NO RFE......
 
Guys ,

Could anyone answer this for me ,

All that my Lawyer wants from me for my I-140 is my Current Address , My Latest I-140 and Employment verification letter . I see a lot of people getting RFE's and the BCIS requires the W2 forms also .


Am I missing something here OR does the lawyers get these documents directly from my Employer .

Any thoughts.,
Rotny
 
You got to submit Experience certificates according to the requirements of your category. Lots of RFEs are for that also.

Good luck
mdu123
 
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