Need Help ASAP (

[avashista]

Hi All,
New to the forum and looking for some advise.
Firstly, my background......
I am a Canadian Citizen but born in India. I am currently working on H1-B visa for a US Company for past 6 years. I am currently on 7th year extension which will expire in June 2006. 2 weeks ago, My Company filed for 8th year extension based on my Green Card (labor) filed in November 2001.
My Labor got approved in March 2006 and my Current employer is filing for I-140 application.
Now, the questions.....
How long is it taking to get I-140 approved?
Based on past 3-4 months history, at what pace the priority dates for I-485 application are moving these days. Please advice on that?

Also, if I get laid off by my company at any time during my I-140 application or I-485 application processing, do I become illegal? If I do, can I still go for TN? And until I get TN, will I be considered illegal?
I would sincerely appreciate your help.
Thanks to all in advance.

 

[curiousGeorge]

Also, if I get laid off by my company at any time during my I-140 application or I-485 application processing, do I become illegal?

If you get layed off, and you have an I485 pending then you would be in a legal status of "AOS" a.k.a. "I-485 Pending Status", during which time you would need an EAD to work and an AP to travel until your I-485 would get adjudicated.

If you have only applied for your I-140 and / or LC, but not for your I-485, and you were to get layed off then you would be out of status. Illegal presence only starts to really hurt your situation if you remain out for status for more than 6 months, since you would be subject to a 3 year bar.

You can iinvoke AC21 if your I-140 is approved and your I-485 has been pending for more than 6 months. Otherwise, you'll have to start your I-140 over again.

If I do, can I still go for TN? And until I get TN, will I be considered illegal?

You can apply for your TN as long as you have not applied for your I-485.

You can keep renewing your TN unitl you apply for I-485, at which time you would need to also apply for an EAD and an Advance Parole.