Need advise from the esteemed members

M

mohanlal2000

Registered Users (C)
Hi,

At the very outset, let me begin by saying that this is an incredible forum with equally incredible members. Cheers!!

Here's my situation(little long winded-please bear):

- Came to US on H-1 in July 1999-With Co A
- Labor Approved in 2001 beginning, I-140 filed sometime in 2001
- Got laid off in Nov-2001
- Started with new Company B for 2 months
- Moved to another Company C from March-2002 to April-2004

- Joined Company D in May 2004. Now this company had taken over Company A(my first job) sometime in 2003.

I checked up with with the lawyers soon after joining whether my earlier labor,I-140 was still valid or not. On checking they said that my I-140 was approved and I could go ahead with my 485 filing. But today while I was talking to them, they said that they would file my amended I-140(because the company had changed since my approval) and my I-485 concurrently. So these are my doubts:

(1) Is an amended I-140 necessary in my case? Does this take the same amount of time as the regular I-140??
(2) Should I go ahead with the EAD option(my 6 years on H-1B would be over in July-2005)? Or will I be better off applying for the 7th year extension?
(3) If an amended I-140 and 485 are filed concurrently, what would the time frame be before I get the EAD??

Gurus, any advise would be more than welcome!!

Thanks in advance.
 
mohanlal2000 said:
(1) Is an amended I-140 necessary in my case? Does this take the same amount of time as the regular I-140??
Click to expand...
No not usually .. there are posts on this board that you should search .. I just saw one today but am unable to find it now ...

(2) Should I go ahead with the EAD option(my 6 years on H-1B would be over in July-2005)? Or will I be better off applying for the 7th year extension?
Click to expand...
I think maintaining H1B is a better option. Atleast in that case if AOS is denied you dont have to leave country immediately.

(3) If an amended I-140 and 485 are filed concurrently, what would the time frame be before I get the EAD??
Click to expand...
You have to file for EAD seperately. You should look at the Service Center processing times for this .. usually 3 months ...
 
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