URGENT: What to do IF LC certified and H1 expires in a month

T

tarantula

Registered Users (C)
Gurus,
I have a tough situation to figure out. I am running out of time and options.

My h1 expires in mid -Jan '04 and my non- RIR LC is pending at the Federal level (Seattle, since 10/03). According to the dates provided, I am hopeful it will clear end of this month or early Jan.

Here's my quandary. If my LC gets certified before h1 expiry, I can go ahead and file 140 and 485 concurrently. Should I have to apply for the EAD also? What makes me remain in status after Jan since EAD takes 3 months to approve? Please bear in mind that my LC, if certified, took only 9 months (< 1year).

The other side of the coin. I am planning to work out of my company's Vancouver, BC office after Jan if the LC is still in process. Will this affect any of my GC processing.

Please reply in detail. Thanks a bunch for your time.
 
Isn't it more than one year you filed your labor. If yes you can file extension based on that. Otherwise, yes, you better file for 140 and H1 extension together. As you mentioned you can even file for EAD too.
 
Thanks for the reply

My LC will NOT have been in process for more than a year if its certified by Jan 04. So, again if I file 140 and 485 concurrently, what keeps me in status after Jan 04 when my h1(6 yr) would have expired?
 
Apply I-485 along with I-140 as soon as your LC is certified. Pending AOS (I-485) will keep you in status.
 
usnycus, thanks...

I need a little bit more clarification. I understand AOS will keep me in status, I assume that also allows me to be employed. I read in some sites that EAD is needed in case H1 has expired. Could you clarify this?
 
Holy crap!

EAD takes 3 months to approve. Is that a fixed time or does it vary. My 140 will be filed in NEBRASKA.So, I will not be able to work for 3 months even though my LC is certified (9 months for approval) and H1 has expired (Jan 04). This is the answer that I dreaded.
In short, if I needed to be employed, I must have the EAD IN HAND, right.
Now, the flip side. Do you see any issues with the GC process if I work out of Canada till I get the EAD.
Thanks a lot for your replies. I can't say how much this forum has helped me.
 
Tarantula:
Don't worry about EAD. If you were out US for a month or more, try to recapture it. As long as the recapture case is pending, you can work legally. In the mean time you will get your EAD

I have read EAD and AP forum (immigration.com). Please check it. Few lawyers said that you can work legally before receive your EAD. I am not sure about it, check it with your lawyer also.
 
Similar Case Close to 6 Year Term

ASHKAR

Is it Verbally Possible to recapture Vacation or Practically do you know anybody successfful in getting that.

Because i am also in the same boat my H1B Expires on FEB 1st 2004. Expecting Labor by Jan 1st Week.

But i have 3months of trip to India in Year 2000 and 1 Month in 2003. I am totally confused abt what next.

Any suggestions would be greatly appreciated....!


Thx
 
2Hard2guess:
Few people got it and few people didn't get it. It's luck only. As long as the case is pending, you are legally allowed to work and stay in US.
In the mean time (if the case is pending) your labor gets certified you are able to file for I485/I40/AP and EAD, till you receive your EAD you can work. Once you receive your EAD, use your EAD instead of H1B extension.
 
tarantula

You got that right. You need either H1 or EAD to legally work.

Also, going Canada for 3 month and working there is not a problem but make sure you get AP before you leave US. Without AP or valid H1B, don't go out of US.
 
This is immigration hell

usnycus,
Thanks for the information. I seem to have endless questions. So, I have to apply for 140,485, EAD and AP before I leave (in case LC is certified). Is it possible for me to apply 140 and 485 only and leave for Canada? I have to anyway leave the country before Feb 04. My employment is pretty secure, I think :)

For ashkar: BCIS refuses to allow h1 extension based on vacation days. They have a memo on this.
 
tarantula

Don't go out of US with AOS (pending I-485) and without Advance Parole.

Check following paragraph taken from "http://www.immihelp.com/gc/aos/ap.html"

===========================================
Any adjustment of status applicant who leaves the U.S. without advanced parole is automatically con sired abandoning his/her application for adjustment of status. Such a person will generally not be allowed back in the U.S. The person would have to do consular processing while remaining out of US. This applies to going to any place outside US, even going to Canada(Even Canadian Niagara Falls) or Mexico or places like Bahamas. (This requirement does not apply to people who have applied to adjust to permanent resident status and are maintaining H/L status.)
===========================================

Similar memo is also posted at USCIS official website. Here is the link:

http://uscis.gov/graphics/publicaffairs/newsrels/CISTravelAdvisory.pdf
 
Last edited by a moderator:
usnycus,
Thanks a lot for your informative replies. Now, at least, I know where I stand, waist deep in cow dung ( would have used more choice words but that would have disbarred me for this excellent forum). Once again, thanks.
 
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