Jigesh and experts here, help pl!!!

skusa

Registered Users (C)
Hi,

I am need advice, pl help me

My EB1-OR is pending since may and with long wait finally this week I applied for I-485, EAD and AP taking the advantage of the concurrent filling and due to the delay of I-140 approval. I am working at univ and came here on J1, got waiver in jan this yr and my univ. insisted me to go for EB1 rather than changing to H1b. Now the problem is that my J1 is valid till April 2003 and with this delay in I-140 approval, am thinking of changing to H1b with premium processing, now my question is

1) is it safe to work on EAD if my I-140 gets approved soon and not switchng to H1b, especially with this premium processing I will save $1000. I mean will it be problem for I-485 delays ect the way things are now
2) I am planning to visit India, next yr by april-may, so is there risk for H1b visa stamping at the consulate in mumbai since I will have 485 pending,
3) Travelling on AP means making H1b void, what should I opt for?

I am just lost, pl give me suggestions

thanks a lot

Shobhana
 
my suggestion

I guess that you should have done your H1b at the first place. if you have an H1b visa, you have flexibility if your OR application has gone into difficulties (you never know). You can still keep your H1b status after you apply for adjustment (I-485) and use it to travel to India.
The problem is that if your application of I-140 has not gone smoothly as you would like, then you will be in big trouble. I suggest you apply for H1b ASAP.
 
thank you very much for the useful suggestions.
I will keep posted about the further happening, rightnow everything seems to be stand still!!

thanks alot
have a good weekend to you all
Shobhana
 
Shobhana,
Did you hear anything from INS about the receipt of your I-485 and EAD application. Please keep us informed.
-Ashu
 
not yet

Hello

I filed for I-485 and for AP and EAD, dec10th, so far no news. also eagerly awaiting for my EB1-OR I-140 approval, hope new yr brings cheers. will keep posted.

happy new yr!!
Shobhana
 
Hi Shobhana,
Things will be fine for you. However, let us hope for the best but be prepared for the worst. So I would suggest you to start thinking about H1-b also. If you do not listen anything from INS about your EB1-OR-140 within next one month also, then contact the international student and scholars office of your university and ask them to start the process of H1-b. INS takes 2 weeks time to process premium processing cases, and labor certification takes additional 2-3 weeks. So even with premium processing total processing time is about 4-5 weeks. One thing more, the fee for premium processing is to be paid by the employer only.

regarding your plan to visit India, I would suugest that you should try to avoid this. However, if you get AP by that time then I don't see much problem. If your I-140 is approved then even if I-485 takes time, no problem because you will have EAD and can work.
-Ashu
 
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