Out Of Status to file i-485

N

nec

New Member
hi i hope you guys can help me. My situations is this. Im out of status (overstayed my visitors visa) but my labor got apporved and my i-140 is still pending. My question is this will i get a problem when i go and file for i-485 and i-765 while my i-140 still pending?. What is the best to do? is there any light to this?

Any informations will be greatly appreciated.
thanks in advance.
 
I'm in a somewhat similar situation.
I've been in the US working for my current employer since Jan 2004.
I had my labor and I-140 approved and was waiting for the i-1485 date to be current.
Unfortunately I forgot to file the H1 extension on time (Everyday I kick myself for this oversight). and got out of status.
The extension was approved but it was sent for Consular Processing.
I came back to my coutry and gave the interview and got the H1 approved but they've sent it for administrative processing.
It's been 2 months and I am still waiting.

However during that time my Priority date has become current. Can I file my I-485 and will this affect my current H1 extension or not?
 
i see.

So i have to wait for an amnesty then before i file for i-485?

One more question, do i have an option to file for i-765 without filing i-485 while my i-140 is still pending? or i can only apply for i-765 with i-485?


thanks for the quick response.
 
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