Texas Consolidated I140 Tracker

pashwin said:
I do not agree with labordrags message. You are eligble for 7th year H-1 extension since your labor application was done more than 1 year ago.

How can he renew his H1 status, when he has no pending labor? The labor he filed is already approved. His 140 and 485 are not pending for more than a year? Not sure if he started working in EAD or no, but even so, I dont think he can extend his H1 status. They will renew his EAD for sure. If he can do it, I will appreciate your effort in correcting me, and I am sorry If I didn't fully understand the law.

When you file 485 and use EAD you are on Pending AOS. However it is safer to renew your H-1 and stay on H-1 status. You will also have to renew H-4 for your dependents.
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It is my understanding that if one is a beneficiary of an approved labor which must have been pending for more than a year before approval then he/she is eligible for yearly extension of H1B until their green card process is complete.

 
My understanding is, If it has been atleast a year since the labor has been applied(pending or approved), the person is eligble for a 7th yr extension. However if the labor is approved then the I-140 should have been filed(since there is a reason to show the person is pursuing an immigrant application and basis for the H-1 extension)
 
You have summed it up correctly.

pashwin said:
My understanding is, If it has been atleast a year since the labor has been applied(pending or approved), the person is eligble for a 7th yr extension. However if the labor is approved then the I-140 should have been filed(since there is a reason to show the person is pursuing an immigrant application and basis for the H-1 extension)
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I think that you and your family are actually in a dual-intent status, immigrant (pending AOS) and non-immigrant (H1-B/H-4) right now, which is allowed.

You can extend your H1-B/H-4, based on your I-140 application and Labor Cert filed over a year ago.

Even if you extend your H1-b, however, your wife, if she uses her EAD will be in pending "AOS" status because she cannot be in H-4 status since she cannot work in that status. Your kids will remain in H-4 if extended.

If you don't extend, you will be in a pending "Adjustment of Status" status. It follows that if you don't extend your H1-B, you will have to use your EAD and AP and you are good if you all have these. Your kids will be in this same status and will be needing AP to travel.

hudakchullu said:
Hey Buddies,

My labor was applied in Nov 2002 and my H1 is expiring (6 years) in March 2005. I have applied for 140/485 concurrently in August 2004. I have got my EAD and Advance payroll. My 140 is pending.

What will be my status ? My friend was telling me that for the PD cases USCIS will be issue H1 extension ? OR my EAD is good for me. My wife has EAD but what about my kids are they good on application of 485 ?.


Thanks in advance,
Hudakchullu.
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If the wife of primary applicant has been using EAD, can she resume H-4 status if I-140 or I-485 is denied, assuming the primary applicant still has valid H1-B?
 
Thanks

Thank you guys for all you inputs. I or my wife have not used EAD yet. I am waiting for my lawyers reply to my email. Preferably I will be applying H1/H4 (if I am eligible).

Nice to be a part of this wonderful group :)

Thanks again,
Niyaz.
 
yes she can !!

gcnowpls,

if your friend's wife has a valid I-94 document attached to her H4 status form ( I-797 notice) than she goes back to her H4 status without any problems. If she does not have a valid I-94 than also no problems, she can go out of the country and come back on the h4 visa stamp and get a new I-94. It all hinges on whether her husband is maintaining a valid H1 status.
 
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Response

Hey guys,

Following is my attorney's reponse to my concern:

You can continue to work with EAD. Your children are legally in the U.S. as they have an I-485 pending. To travel, they will need the Advance Parole.

Thanks you all for helping me out.
hudakchullu.
 
I am not sure if my case is same as hudakchullu. We got our EAD/AP but as per lawyer I'll be maintaining H1. We are planning to go to India. I have a valid H1 Visa and my wife will get it stamped in India. Once she gets H4, re-enters US on H4, I understand EAD remains valid. The question I have now is,
If she starts working on EAD after re-entry, will her H4 be invalidated ?
If yes then is there any reason to get H4 stamped in India ? She can as well come on AP, I can come back on H1.

I too have sent email to my lawyer, will post reply once I get it.

Thanks,
labornc
 
Employer financial status

Does anyone work for an employer who is showing losses when filing for taxes. What are the chances of I140 getting approved in such a case.
 
Looks like Prioridy date is going play a MAJOR role in the processing time of I485 starting from Jan 01,2005. so update the Excel sheet with your priority dates (Labor Certification application received by SESA office).

I added a new column to the spread sheet. This should help us track the processing times starting Jan 01,2005.

FAQ :
Question : What is priority date ?
Answer : Date on which Labor Certification application received by SESA office

Question : How do I know my priority date?
Answer : check you Approved labor certification application.

Question : Mine is substituted labor. What date applies to me?
Answer : Same date. that is, date on which labor application is received by SESA office when it was originally filed with another persons name.
 
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