Urgent: please help me

[vivix3]

Hello!

I have only 9 weeks left for my 6 years h1. Not filed for labor yet. I came across through a company who has an approved labor with my skills and it is filed in 2002 (more than 365 days old). Based on that labor can I get seventh year h1 extension with that company? If not, what is the alternative to get 7th year extension with that company? I heard that first I have to file I-140 (if we file I-140 and 485 simultaneously, it may take upto 2 months and by that my h1 expires) and based on the I-140 receipt, I can file for 7th year extension. Is that true? If I file I-140 and 485 simultaneously, it may upto 2 months to get the receipt and by that time my h1 expires.

Could you please tell me what are pros and cons, in applying for 7th year extension, filing I-140 and 485 together, and filing I-140 and 485 separately.

Since the time is too short for me, any speedy response would be greatly appreciated.

Thank you!

 

[gp111]

Hello!

I have only 9 weeks left for my 6 years h1. Not filed for labor yet. I came across through a company who has an approved labor with my skills and it is filed in 2002 (more than 365 days old). Based on that labor can I get seventh year h1 extension with that company? If not, what is the alternative to get 7th year extension with that company? I heard that first I have to file I-140 (if we file I-140 and 485 simultaneously, it may take upto 2 months and by that my h1 expires) and based on the I-140 receipt, I can file for 7th year extension. Is that true? If I file I-140 and 485 simultaneously, it may upto 2 months to get the receipt and by that time my h1 expires.

Could you please tell me what are pros and cons, in applying for 7th year extension, filing I-140 and 485 together, and filing I-140 and 485 separately.

Since the time is too short for me, any speedy response would be greatly appreciated.

Thank you!

You must file I-140/485 concurrently ( at the same time same envelope)...I don't think it takes two months to get the Receipt of that & also there is not that much paper work needed from your side ( Medical & Birth Certificate)... so just push for that. Once Concurrent filing is done you are automaticly legal in US as you will be in "Adjustment of Status"... You can also file H1 extension on basis of pending I485 instantly ( for I-140 only, it needs to be 6 months pending to be eligible for H1 Extension).

So the best bet is file I-140/485/EAD/AP asap & once you get receipt of I485 file H1 Extension ASAP with premium processing. Only thing is you may not be able to work for few days (from your Current H1 Expiry date to the day you get your EAD , or till you get H1 extension).

 

[vivix3]

Thank you very much for your valuable information.

I have one more question. The job title in pre-approved labor is 'Software Engineer' and previous experience shows 'Programmer/Analyst'. Does this make any difference?

Any help would be greatly appreciated.

Thank you!

 

[gp111]

Thank you very much for your valuable information.

I have one more question. The job title in pre-approved labor is 'Software Engineer' and previous experience shows 'Programmer/Analyst'. Does this make any difference?

Any help would be greatly appreciated.

Thank you!

If the Experience / Profile / Qualifications mentioned in LC matches with yours more then 90% you are good to go !

 

[vivix3]

Need to make decision today...... need help

GP111 or someone help me on this.

As I mentioned, I have very short period of time for my 6 years of h1, I have to make a decision today on how to file for 7th year h1, 140 and 485.

If I make a decision today, it will take another 10 days so for the new employer to file my papers. So, it will be the end of this month or early first week September and by that time I may have hardly five weeks left for my h1 expiration date.

The new employer said, they are going to file for 140 first and based on the receipt they file for 7th year extension and after that they file for 485. Can I go with that? As per the GP111's previous reply, 140 has to be pending for more than 6 months in order to get 7th year h1 extension.

Also, with this short period of time, if I need to file 140, 485, EAD, and AP concurrently, will that 5 weeks time is sufficient to get the receipt from INS or just filing (submitting documents to INS) of 485 will keep in status (in other words if I don't get the receipt beofre my h1 expires)? And can I file for 7th year extension, even after it expires, based on the 485 pending?

If we file 140 and 485 concurrently by sending all the documents in one package, the applications for 140 and 485 gets separated for processing? In other words can I get the 140 receipt first even if 485 takes longer?

Any help would be greatly appreciated!