URGENT HELP NEEDED ON I-140 and I-485

C

compudada

Registered Users (C)
Hello,

A company in New York is willing to file my I-140 using an approved LC substitution. The company is also willing to file my I485 after getting I-140 receipt from INS. I had following questions

1. When is the earliest I can apply for EAD and get it? Do I have to wait for I-140 approval before I can apply for EAD?

2. I-140 approval in Vermont is taking more than a year. Do I have to stay with that company until my I-140 is approved or can I change companies 6 months after my I-140 and I-485 has been applied?

3. Does INS reject I-140 or I-485 applications for any reason?

4. How soon can my stay begin legal in this country i.e. I can stay on EAD and not need a visa?

Imagine the following
I-140 applied in Dec 2003
I-485 applied in Mar 2004

Thank you.
 
1. When is the earliest I can apply for EAD and get it? Do I have to wait for I-140 approval before I can apply for EAD?

while you apply 485 you can apply EAD

2. I-140 approval in Vermont is taking more than a year. Do I have to stay with that company until my I-140 is approved or can I change companies 6 months after my I-140 and I-485 has been applied?

I would say Stay untill 140 is approved, then you can use Ac21 to join other company using EAD

3. Does INS reject I-140 or I-485 applications for any reason?

140...yes, but if you have approved 140, 485 denial is rare

4. How soon can my stay begin legal in this country i.e. I can stay
on EAD and not need a visa?

Once you file 485 you don't need any visa to stay, but to work you need EAD.

Elias
 
Just wanted to add...

that as per a recent regulation, a company cannot withdraw/revoke the I140 petition after 6 months, think it is after the receipt date. Hence the need to wait for I140 approval.
 
You must log in or register to reply here.
Top