URGENT -- Advice needed for I-140 / 485 Case, PLEASE !

I

inditechnet

New Member
Hello,

First of all, let me apologize if I am asking a question that has been already answered on forum. I browsed through some sections and could not find any.

Here are my details

- My current H1b visa expires on 30th sept 2013. My current visa is with company name "ABC " and it has changed to "XYZ " due to aquisition by another firm.
- My Labour has october 2007 date. My I-140 is approved already under the name of "PQR" , which used to be part of "ABC" at some point in the past.
- I travelled to india last year to address some medical issues with family members and now planning to go back to usa but preferably by end of the year 2013.

Looks like here are my best options based on my research.

1) My company can file a new H1 extension for me under the name of "XYZ" , i can get that stamped and travel back to USA
2) Once I go to usa, I can file addendum to my I-140 stating that "PQR" is not known as "XYZ"
3) Since my priority date is oct 2007, I can file I-140 and 485 concurrently.
4) I can apply for 485 - Adavance parole if I want to travel back to India .


Now here my questions and if you have better suggestions for my case, please let me know.


1) Say if I apply for I-140 and 485 Novemeber 2013 , how long will it take to get Advance parole for my travel?

2) I know its difficult, but any idea how long will it take to get my green card done?

3) My I-140 was apporved for EB2. If my employer gets me a new H1 under "XYZ" name, will it make any sense for me to go for counseller processing for I-140/485 while in INdia ? Can it be done if my I-140 was already approved (though with PQR company name ?

4)Due to some circumstances, I wanted to find out options to live in india for another year while keeping my green card processing moving.

5) Should I file taxes in india too if I stay here for extended period of time ?

Any response would be appreciate. Thank you so much. If counseller processing is better option, i would really prefer that.

Thank you so much again. I can provide all necessary information as needed.
 
1) Advance Parole takes about 2-3 months to be approved.
2) If your priority date remains current after you file the I-485, you can expect I-485 approval in 3-6 months after the I-485 filing date.
3) Talk that over with your company and their lawyers. Since your I-140 is already approved and you're apparently not ready to return to the US right now to file I-485, it may make sense for them to push your case to consular processing and have it forwarded to the consulate, so you can return to the US with an immigrant visa by the end of this year, instead of returning with H1B.
 
Thanks

Jackolantern said:
1) Advance Parole takes about 2-3 months to be approved.
2) If your priority date remains current after you file the I-485, you can expect I-485 approval in 3-6 months after the I-485 filing date.
3) Talk that over with your company and their lawyers. Since your I-140 is already approved and you're apparently not ready to return to the US right now to file I-485, it may make sense for them to push your case to consular processing and have it forwarded to the consulate, so you can return to the US with an immigrant visa by the end of this year, instead of returning with H1B.
Click to expand...


Thanks for the quick response really appreciate it.

Another dumb question, sorry - Would there be any topic or link that will give me basic overview of how counseller processing work and requirements ?
 
It's "consular" processing, not "counsellor".

If adjustment of status was selected on the I-140, you'll have to file I-824 to switch it to consular processing.
 
Amended I-140 needs to be filed by XYZ and advising of assuming all liabilities to be incurred when initial I-140 was filed by PQR and if you choose to file Adjustment of status this can be done while you are in US OR if you want consular processing I-824 needs to be filed. I would advise you come to US on H-1B visa and do related I-140/485 filings.
 
You must log in or register to reply here.
Top