kak1978
08-04 04:46 PM
gchopes,
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
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posmd
04-13 10:54 AM
Sessions ammendment was for the previous SJC bill, which is dead right? I thought the basis of future bills is the Hagel Martinez compromise. Rest assured if it is, then the numbersusa agent in the senate Sessions will put that obstacle as an ammendment again, and since Dems already agreed it in SJC, it will probably take hold.
If I recollect it was 3 months for a review of the impact, then 3 months after that for implementation.
I am getting a little nervous about the CIR though. Not in the sense that it will be done or it won't. I just feel the USCIS will screw up its implementation very badly, and might end up causing our potential 3 yr waits to turn into 5-10 yr waits along with all these law breakers. We are already seeing the effect of 245i cases right now and that is a fraction of this tidal wave of illegals wanting legalisation.
In that sense a breakdown of CIR with some other resolution for our problem with PACE or TALENT might not be such a bad idea. It is like the old addage, be careful what you wish for.........!
If I recollect it was 3 months for a review of the impact, then 3 months after that for implementation.
I am getting a little nervous about the CIR though. Not in the sense that it will be done or it won't. I just feel the USCIS will screw up its implementation very badly, and might end up causing our potential 3 yr waits to turn into 5-10 yr waits along with all these law breakers. We are already seeing the effect of 245i cases right now and that is a fraction of this tidal wave of illegals wanting legalisation.
In that sense a breakdown of CIR with some other resolution for our problem with PACE or TALENT might not be such a bad idea. It is like the old addage, be careful what you wish for.........!
hopefulgc
05-12 02:45 PM
We need to raise a million $. Anything less is seeming to just not cut it.
Look where we are now with our half-hearted efforts.
DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.
We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.
--- here is what follows from an earlier post
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790
Brethren.... rise!
Look where we are now with our half-hearted efforts.
DOS says that EB3 would be retrogressed for the remaining part of the year. There was a time I used to believe that come year 2008, there is no way EB3 would be at 2001. I was wrong.
Today I think, there is no way the dates would be at 2002 come 2011.... but guess what.. its a definite possibility.
We need to do something substantial. We must equip IV with huge funds .. funds that will get us in bed with the right people.
--- here is what follows from an earlier post
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
We need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
funding drive is here: http://immigrationvoice.org/forum/showthread.php?t=18790
Brethren.... rise!
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jeny
08-06 03:41 AM
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
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surabhi
04-08 05:24 AM
This is serious and could affect quite a few.
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
Summary: you could be affected if ALL of the folllowing is true
1)you have a PD before July 16, 2007 ( likely case is EB3 I/C 2002/2003 PD)
2) you have left your original employer ( whether you stayed for 180 days after I-485 application to comply with AC-21 rule doesnt matter)
3) your original employer has used your labor to subsititute some on else ( before July 16,2007)
Remember you are affected even though you are the original beneficiary.
How did this case happen?
This happend because USCIS not following LIFO processing
1. The original applicat applied labor in April 2001
2. Labor approved in Jan 2002
3. Original applicant applied I-140 in April 2002
4. i-140 approved in July 2002
5. Original applicant applies for I-485 in Dec 2002
In Jan 2004, after more than year ( > 180 days and Ac-21 was enacted), original applicant leaves the employer, presuming that she is safe and covered under Ac-21
Employer promptly writes to USCIS asking to revoke I-140. The employer goes ahead and uses the labor for another person and files I-140
The USCIS apprves I-140 and subsequently I-485 for the subsituted beneficiary.
So how could USCIS approve a I-485 that was filed at least 18 months later than the original applicant. ( May be the subsituted applicant was from different chargeability country and hence could ge approved??)
Now the original applicant is screwed because USCIS cannnot approve 2 I-485 petitions based on same labor.
I feel for the original applicant. She played by rules all along, but got screwed anyway
Now you can see the chances of your case being caught in similar circumstrances
1. You are EB3, India/China with PD around 2002/2003
2. You filed I-485 sometime before July 2007 ( if you filed during July 2007 and you were with original employer at that time, this doesnt apply)
3. You left your original employer before July 2007
4. Unbeknownst to you, your original employer has subsituted your labor for another person.(before July 16, 2007)
5. that other person also filed for I-1485
6. Now its a timebomb waiting to explode
mallu
08-06 03:29 AM
Like your thoughts on these topic... pardon me for my ignorance but whats the big deal about Name Check? will this take longer than the rest of the processing stages?
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
According to USCIS Ombudsman 1/3rd of cases are pending more than 1 year due to namecheck. Also there are many cases stuck for more than 3 years. E
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scorpion
02-26 05:30 PM
Consult your Lawyer
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mambarg
08-03 05:18 PM
Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Question 12. Can the 180 days that an I-485 application must be pending for I-140 portability eligibility accrue during a period when visa numbers are unavailable?
Answer: Yes. The fact that a visa number becomes unavailable after the filing of the I-485 application does not stop the number of days required for I-140 portability eligibility from accruing.
Question 13. Does the alien�s priority date change as a result of porting under �106(c) of AC21?
Answer: No. The priority date continues to be determined at the time of the initial labor certification filing with the Department of Labor or at the time the initial I-140 immigrant petition is filed with USCIS (in cases where no labor certification is required).
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
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talash
04-25 03:15 PM
I 140 denaie d.please help to start new thread
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md2003
08-15 09:19 AM
I am not sure whether to go for EB2 filing in PERM or wait one more year to file i485 (hope PD will reach 2003 september by next year october ). Even if i start EB2 perm now it's going to take at least one year to clear labor and i140 (if every thing smooth).
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nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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zCool
07-16 07:21 PM
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
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chris
02-12 01:23 PM
You are right. My finger prints are expired and called several times and took info pass.
Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:
Chris,
My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"
Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?
Just my 2 cents.!
Regards,
-N
Same answer, " if IO thinks need FP, they will send. Wait for their decission". :mad:
Chris,
My case was very similar in last November, I did call them many times...but same old answer. but in last month they told me they did not work on my case because my fiinger prints were expired. they expire every 15 months, and without valid FP , case even will not pass standard "filter" criteria, and they don't consider it "ready to approve"
Looks like you sent your 485 on Jul 2007, assume your first FP was done before Aug 2007? if yes, it's expired. By any chance, did you do your 2nd FP?
Just my 2 cents.!
Regards,
-N
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Siddhartht
07-26 03:14 AM
remit2India.com is the best among all . the feature guarantee fixed is the best feature they offer .
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msp1976
10-16 10:14 AM
What are you saying? Health Services dismal? I thought it was better than US in many aspects. The cost is cheap for treatment (unless you have some uncommon disease. Since the system is churning up so many doctors, there is a lot of competition. Even in small villages you will find many doctors competing for patients. Maybe that is not true for everywhere, but that is what I have seen in my home state Haryana.
Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO
You can get reasonable education and health care in India if you are in the top 10% income range. You can get reasonable eduction and health care in US if you are in the top 50% income rage. That is the main difference...
Also the education system may not be perfect, but kids don't have to go to private schools, because public schools have run out of capacity. There are problems like not all-around development, and not all kids doing great in studies. But that is true even in US, unless you are sending your kids to a fine private school (which by the way you can do in India, if you have money). JMHO
You can get reasonable education and health care in India if you are in the top 10% income range. You can get reasonable eduction and health care in US if you are in the top 50% income rage. That is the main difference...
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hemasar
06-22 09:57 AM
hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!
I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.
Thanks.
I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.
Thanks.
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needhelp!
08-24 10:34 AM
Listen Live: http://www.wpr.org/webcasting/live.cfm
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
Call in: 1-800-486-8655
or 227-2050 in Milwaukee
had a hard time figuring out that I had to click on the Ideas Network in the second column. I guess its over now.
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desi3933
06-25 12:34 PM
You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
As per this memo -
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.
With this, I am not sure, the defense of PD is not current is going to work.
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shishya
09-27 12:42 AM
Folks,
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
Am on H1B and have already applied for 485 (EB2 I May 2006). I am not sure if I am allowed to day trade in the current status. By day trading I mean not just investing in stocks and not just buying and selling stocks in a single day -- I am asking about making perhaps 10 trades in a day (5 rounds of buy, sell)? I understand IRS can call you out to be a full-time trader but the rules for this are not laid out clearly, as far as I can understand. Anyone out there with relevant links/personal experience on this one? Would really appreciate your feedback.
Thanks!
Shishya
kapilgogia
03-17 07:00 PM
Hi,
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.
Please let me know if someone has similar experience with the following:
1. Is there any salary restriction on increase from current salary percentage wise?
2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?
Thanks
There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.
Madhuri
06-15 12:26 AM
So is it that, if you already have approved 3 yr H1 extension after 6 yrs
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
then it will not become invalid even if you get EAD now?
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
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