Urgent Question

K

kamal_sidhu

New Member
My H1B is is going to reach its six year limit on Sep15 2003.My Labor application has been certified and I would be able to file for I140 and 485 before my H1 expires. My labor certification was started in April 2003. I want to know if I can continue to work and maintain my legal status. Advice and help would be greatly appreciated.
 
Hi Kamal,
If you file I-140/485 concurrently before Sept 15, 2003,

1) Your are legally allowed to stay in US.
2) You are legally allowed to work after receiving EAD not before.


Hope it helps.

thanks,
Ashkar.
 
“If you file I-140/485 concurrently before Sept 15, 2003,”

---- Your I-140 and I-485, EAD, AP applications should reach the BCIS office before September 15,2003, no need to wait file immediately.

Your stay will be legal once you file I-485 but for work you need H1 or EAD after your H1 expires, I don’t know your service center if it is NSC then send the color copy of your driving license and first page of passport that has your photographs (send color copy to avoid any delay or RFE for EAD. The other concern is that for I-140 many are getting RFE for education evaluations and employer financial documents if your I-140 gets any RFE then EAD will be delayed.
I have just read post from a lawyer site that after 9/30/2003 employer is not required to pay $ 1000 as training fees, better sent your 7th year extension based on approved LC before they pass the new law to get $1000 from employer for H1b extension (bill is pending in congress for that)

If you apply for 7th year extension then you will be safe to work if any delay in EAD or RFE for I-140.
 
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Tahnx for advise

Thanx for your advise. I have one more question..
Can I file for seventh year extension based on the fact that my Labor has been certified for Green Card?
 
Hi Ginnu,
I have one question for you.

Kamal's labor certification started in April 2003 and it certified in August or Sept 2003 (ie less than 365 days). Whether he is eligible for applying 7th year extension based on his LC certified?

Thanks,
Ashkar.
 
I have read that One can apply for 7th year H1 if LC pending more than 365 days or LC approved or I-140 filed Or I-140 pending or I-485 filed. I am not expert in LC please check with your lawyer
 
H4 extension for my wife

We are going to file I485 and I 140 for both me and my wife who is in H4 status before our visa expires on 15th Sep. We are also going to file extension of my H1B to claim my vacation time which would allow me to work till I get my EAD. My question is do I need to file extnsion for my wife who is not working because we have already filed her adjustment of status.Ginnu and everyone else thanks for all your advice.
 
If you have filed I-485 for your wife then she is in AOS pending status.
But nothing wrong if you file her H4 extension you have to send only BCIS fees $140 one can be on AOS pending and H4
 
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