Substitute LC from another Employer/I140/I485

paula2002

Registered Users (C)
I work for Employer A in Texas with a valid H1 visa on the passport untill end of 2004.
Employer B(in NJ) applied I-140 EB2(B+5) using an already approved LC for the company. It is 4 months since my I-140 was sent in...no progress yet.
They would be sending in the I-485 stuff to INS VERMONT by the end of this week.

I am planning for a month vacation early NOV.

Would I need an AP before leaving the country ?
 
Puala....you are brave to do all these tricks with INS....

Yes you need AP, if you go out.....me being risk averse...my reco would be to take vacation in USA only and don't go out...you may land up jeopardizing your NJ app...
 
Here u go Paula!

Hi Paula/,

Please read the info on the following link.

http://www.immihelp.com/gc/aos/eadap_h1.html

Unless u start using the EAD you don't need AP to travel. You can still travel using a valid H1-b stamped in your passport. Once you start using EAD it changes your status from H1b to EAD then you have to use AP to do any travel which is out of the country. Getting EAD/AP and using EAD/AP are two different things...in many cases it's advisible to keep using H1b status if you have enough time for your H1b. You have an option of applying for EAD/AP when you apply I-485, it's not necessary. I hope it helps.

Thanks!
 
Thanks PT_Jun01, :) for your reply and info from the url.

I plan to use the EAD and work for Employer B, on my return from vacation. That is the reason for applying EAD and AP along with the 485. My Attorney should be filing the 485 this week...they could not last week(wanted more photographs from me).

The only worry is why is it taking so long for I-140 processing in Vermont.

I appreciate your time.

Paula
 
I-140 delay

Receipt Date for my I-140 is May 15...It is 5 months to the day:(...and I have not received any further info from INS Vermont...
Did anyone's I-140 take more than 5 months this year?
When do I call the INS to check on the case status...after 6 months?
 
Re: I-140 delay

Paula2002,

Yes, there are lots of folks out there who are still waiting in pain, for their I-140 approvals, with RD as early as Feb 02. So your's is not that abnormal, as you think. Apply for I-485 with I-140 receipt, if you haven't done it yet and wait patiently for I-140 approval.

good Luck.



Originally posted by paula2002
Receipt Date for my I-140 is May 15...It is 5 months to the day:(...and I have not received any further info from INS Vermont...
Did anyone's I-140 take more than 5 months this year?
When do I call the INS to check on the case status...after 6 months?
 
Re: I-140 delay

Paula2002,

Yes, there are lots of folks out there who are still waiting in pain, for their I-140 approvals, with RD as early as Feb 02. So your's is not that abnormal, as you think. Apply for I-485 with I-140 receipt, if you haven't done it yet and wait patiently for I-140 approval.

Good Luck.



Originally posted by paula2002
Receipt Date for my I-140 is May 15...It is 5 months to the day:(...and I have not received any further info from INS Vermont...
Did anyone's I-140 take more than 5 months this year?
When do I call the INS to check on the case status...after 6 months?
 
Your H1b

from your passport is no longer valid, since you left company A. You cannot travel with that visa.
 
I-140 delay

Sanga, Thanks for the consolation....
It pains to see that Vermont is really dragging its feet, California is doing really well. If you take the stats From April to August(4 months) Vermont has moved I-140 petitions from 1/31/02 -->2/12/02
That is unbelievable...:confused:
 
h1b

yitizhu
i am still working for Company A....I woould go and work for companyB after I get EAD and I-140 cleared
 
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