niw and labor

K

koshur

New Member
Can anyone guide me. My details are :
j-1 waiver started in Utah 7/02
Applied NIW and Labor thru Nebraska service center
niw i-140 and 485 filed concurrently.i-140 approved with priority date 3/18/03
labor i-140 approved 6/24/04
J-1 waiver completing 7/2005
Few questions :
1. My lawyer assures me that I can switch my NIW 485 to Labor 485 when my 3 years are over i.e 7/05 and keep the priority date of 3/03. I read on this forum that this can no longer be done. Is this true?
2. my lawyer also advised me not to renew my H-1 but file for work EAD. Is there is any risk in doing this. As EAD is obtained on the basis of the NIW approval and if file for AOS thru labor do I need to be on H-1.?
3. What would be the advantages of filing thru Consular processing i.e a realistic time frame to get the greencard with CP in India. With a priority date of 3/03 when can i realistically expect a green card in hand if i go thru AOS.
I would appreciate any guidance. Thanks

Koshur
 
Here is mine:
J-1 waiver Applied in Dec 1999 AD May 2000. H1-b AD Dec 2000. Unfortunately H1b quota was over for 2000. But i was on O-1 and working for same employer who sposored for J-1 waiver. Practically I should be completing my 5 years this month 18th as I was already working for the same employer in same HPSA.

NIW PD 140 ND spt02 AD feb/04. I 485 rd 01/03. completing 5 years end Dec 05. (involved change of employer in Oct 2001 same HPSA).
FP done May/03. Now am sure expired.

Labor PD May/02 AD Apr/03. I140 Nd Aug /03 AD Jul/04. I485 ND Aug/04.
FP scheduled for and done on 4/1/04. LUD chnaged twice no msg update.

Unfortunately 2 lawyers involved and both are sure of saying I can have 2 485s pending but did not agree to interfile because NIW is self petition... blah blah... I really do not know as to, do I have to wait to complete 5 years (this year end) or will USCIS adjudicate my labor 485 before completing 5 years.

As far as opting for CP almost every one suggest not advisable, you may want to check in detail before deciding on CP.

I did renew my H1-B(valid till dec 06) and also I have EAD and AP. If incase only.. this is just an insurance..

Would appreciate some one throw some light on my issue also.
thanks
 
my understanding is that one can interfile 485 after the three years of waiver are over, although some people still try to be careful, lets see is anyone can quote personal example of having done it successfully, because that way u dont have to wait for 5 years
 
You must log in or register to reply here.
Top