Urgent Help Needed On I-140

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compudada

Registered Users (C)
Gurus,

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.
 
You can file I140/I485/EAD/AP together. EAD/AP approval may take about 3 months in VSC.

You don't have to be with the company for them to file GC for you. They can revoke the approval anytime from filing and approval;

unless I485 is pendind for 180 days or more after I140 is approved.

BCIS can reject anything at anytime. Chances will be less if the job description matches your education and experience.

EAD with 485 pending ( Adjustment of Status ) and may be AP for travel while on EAD. You can extend non immigrant visa yearly after six years if LC is pending for more than 365 days or I140/485 filed.


That is my understanding though I am not an immigration attorney. I hope it helps.
 
So, can I do the following?

I-140 filing in Dec

I-485/EAD/AP filing in March 2004

Can I file EAD for both me and my wife simultaneously? My wife is currently on H4 visa. How long does it take to get the EAD?

After that, can I continue to get H1 extensions (assuming I don't want to use my EAD), and can my wife use EAD and start working on it? Is that possible?

Thanks
 
Originally posted by compudada
So, can I do the following?

I-140 filing in Dec --Yes

I-485/EAD/AP filing in March 2004 --Yes

Can I file EAD for both me and my wife simultaneously? My wife is currently on H4 visa. How long does it take to get the EAD? --- -Yes, 90-120 days

After that, can I continue to get H1 extensions (assuming I don't want to use my EAD), and can my wife use EAD and start working on it? Is that possible? --Yes


Thanks
Click to expand...

--You (/your employer) can apply for 140, 485, EAD, 131 all together on the day u have your LC sub in hand, i.e. If you have an approved labor you can start the process at that very moment.

HTH
dyno
 
Last edited by a moderator:
Thanks dyno, if it takes 90-120 days to get the EAD, can me or my wife start working using the EAD even if I-140 is not approved? What happens if there are some issues with I-140? I ask because I heard it is taking more than 1 year in Vermont to get 140 approved.

How long does the AP take?
 
Certainly you can use EAD before 140 is approved. But it might cause some trouble if I140 is denied for some reason. IF that happens (hopefully not) from what I understand, you have to go out of US to get H1-B visa restamped on your passport.
 
How about me continuing to remain on H1 and not using the EAD but still keeping the EAD? Is that okay? My wife is currently on H4. What happens if she uses the EAD to start working?

Thanks
 
Originally posted by compudada
How about me continuing to remain on H1 and not using the EAD but still keeping the EAD? Is that okay? My wife is currently on H4. What happens if she uses the EAD to start working?

Thanks
Click to expand...

Good question.

H4 is dependent on H1 but other way is not true. So if your wife starts working on EAD it will not affect your H1 status. However if your wife has plans to travel outside the US she needs an AP.

But if God forbid, if your 140 gets rejected or cancelled, then both u and your wife will have to forfeit the EAD( and thus the GC process). But I am not sure if your wife could return to the H4 status thereafter.

HTH
dyno
 
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