Should I go for I-485 now ??

A

Aztek

Registered Users (C)
My I-140 was filed & approved in late 2006 (around Sept/Oct) in EB3 category. I am on 7th yr extension of H-1 which will be expiring in April 2007. Is there a time limit that I have to wait out before I can file for I-485 or I can just go ahead and file it right away?? And also when the time comes to get H-1 extension, can it be obtained on the basis of retrogression law? because my LC and I-140 both are less than one yr old and can't be a base for getting the next H-1 extension. Thanks
 
Aztek said:
My I-140 was filed & approved in late 2006 (around Sept/Oct) in EB3 category.
I am on 7th yr extension of H-1 which will be expiring in April 2007.

Is there a time limit that I have to wait out before I can file for I-485 or I can just go ahead and file it right away??
--------------you can file I-485 IF your PD is current. you did not post your PD(PD is the date LC was recieved by DOL)

And also when the time comes to get H-1 extension, can it be obtained on the basis of retrogression law? because my LC and I-140 both are less than one yr old and can't be a base for getting the next H-1 extension.
-----------your employer can file H1 extension 6 month advance of I-94 expiry date or any day Before I-94 expires and on the base of I-140 approval you can get 3 year H1 extension
Thanks
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Provide the info:
LC filing date
PD on I-140 approval notice
 
LC filing date was 07-21-06 and PD as shows on I-140 is 08-02-06.
LC was filed under PERM and I-140 with premium processing.
 
Sanan said:
you must wait till the PD gets current, before you can file for your I 485
see here http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
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This is where I need some clarification. Can I go ahead and file my I-485 and then just sit and wait till my PD becomes current or simply can't even file I-485 till PD is current?? and when does all that FP & security checks happen because they also take quite a bit of time? And while I am waiting in either case, can I get 3 yrs H-1 ext based on retrogression?? (I am already about to exhaust my 7 yrs on H-1) Thanks
 
Aztek said:
This is where I need some clarification.
Can I go ahead and file my I-485 and then just sit and wait till my PD becomes current or simply can't even file I-485 till PD is current??
--------you cant file I-485 till PD is current

and when does all that FP & security checks happen because they also take quite a bit of time?
-----After filing I-485
And while I am waiting in either case, can I get 3 yrs H-1 ext based on retrogression??
---------you can get 3 year extension if I-140 is approved
(I am already about to exhaust my 7 yrs on H-1) Thanks
Click to expand...
 
OK - that helps me to understand it better. Thank you so much both of you, Ginnu and Sanan for your quick & helpful replies.
 
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