Urgent In between H1 ext,joint 140 and 485 filing

K

kewlmarc

Registered Users (C)
Hi All,
My H-1 and my I-94 expired on July 31,2002 .My Company had filed for H-1 extension (I-129 RD - 05/13/02).
Its been over 100 days and I'm yet to recieve my H1-B, I've checked the processing times and I-129 (H1-B extension) ,INS is still doing March cases.
In the meantime I have filed for I-140 and am waiting for the receipt notice to file I 485.
My question to the forum is :
Q1) Can I file I 485 based on I 129 receipt and I-797(I-140 receipt notice) since H-1 is taking time.?
Q2) Considering I get my H-1 in another month and I file my I-485
,Can I travel to India to get my passport stamped for re-entry, since getting my passport stamped in US will take another 2 months.Does anybody see any hindrance to my travel and Re-entry.What do u guys suggest?

I would really appreciate the answer to my queries.
Thanks in advance.
 
My H-1 expired on 06/30/2002. Extenson filed in april 2002 is still pending. In I485 petition filed this week, my lawyer simply put 'extension pending' along with the receipt of H-1 extension.

Hope this was helpful.

Best of luck
 
kewlmarc

See below

A) Yes...........140/485 can go together.....
B) If u get your H1 approved after filling 485, I don't see any problem with reentry on H1 based on info u have provided
 
Out of status?

Do you become "out of status" if the H1 expired and the extension has not approved yet. Is it legal to work while waiting H1 extesion to be approved? What happens if INS questions the status in the mean time?

Thanks
 
As soon as your extension is filed you are in status.

You could have been out of status only in between the period of (your h1 b expiry date + 10 days) and date of extension filing.
So don't worry you are completely in status.
 
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