Who do I call for urgent help?

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kae_jolie

Registered Users (C)
My situation is a little in the gray area and I don't know what's going to happen to my I-485 after my I-140 got amended from EB2 to EB3. I filed concurrently last January 2006 assuming my category is EB2, and after an RFE it got amended to EB3. BTW, EB3 was not current in January 2006. Also, I haven't received a word on my I-485, yet and my I-140 was approved in the EB3 category on 5/30/06.

The questions are:
Is my I-485 going to remain pending until my PD becomes current or is it going to be cancelled?
If cancelled, why haven't they cancelled it right when they amended my I-140? And when would they cancel it?

I have AP and EAD and would like to travel this summer with AP, but start wondering what if my I-485 gets cancelled while I am out of the country...my lawyer is not sure what's going to happen. The immigration 800 number did not give me a definitive answer. My life can't be hanging like this forever. I need someone who will get down to the bottom of this and give me a straight answer....ye or ne...I don't care...I just want to know so I can plan ahead for the next couple of years of my life while waiting for a visa number.

Please if you know of a good lawyer or any contact that can help me, please post his/her info.

Thank you very much.
 
kae_jolie said:
My H1 is still valid until this October, but I will renew it for another 3 years because of regression.
Click to expand...
My suggestion, remain on H1 and assume that your 485 is not there.

If you have valid H1 they why do you want to travel on AP? Is it because the H1 is not stampled? If that is the case just go for stamping, I personally know 3 persons who went for stamping recently and had no issues at all, unless you know there are issues that will prevent you from getting H1 stamp.

Anyway, if you must use AP, you can still come back and work on H1. Do not use EAD. The rason I say so is If you use EAD, you never know when USCIS will wake up and say you are out of status since such and such date. So if you have maintained H1 so far and are planning to extend it, I think that is a good plan.

As soon as your PD becomes current, file another 485.
 
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