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Priority dates transfers and Post 140-approval options Discussion related to transferring priority date of old green card file to a new file after 140 approval.

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  #1 (permalink)  
Old 11-13-2007, 10:47 PM
Junior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
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Join Date: Dec 2006
Posts: 15
dhirajgrover is on a distinguished road
Default approved I140; do I need H1B extension

I140 approved and 485 pending. Current H1B expires in Dec this year. Do I need to file for an H1B extension or does this change my status automatically? Please be detailed in your response. Thanks.
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  #2 (permalink)  
Old 11-13-2007, 11:39 PM
Junior Member
Priority Date
:
Dec-06
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
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Join Date: Sep 2007
Posts: 7
GC_Aspirant101 is infamous around these parts
Default File for Extension

You have to file for H1B extension. Since your I-140 is already approved, you are eligible for max of 3 years extension.
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  #3 (permalink)  
Old 11-14-2007, 12:44 AM
Member
Priority Date
:
Dec-03
Category
:
EB3
I140 Mailed Date
:
12/21/2006
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
07/20/2007
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Join Date: Mar 2007
Posts: 53
Rajwaitingon140 is an unknown quantity at this point
Default dhirajgrover

What was your I-140 Reciept Date?

RT
I-140 Reciept Date: DEC'2006

Quote:
Originally Posted by dhirajgrover View Post
I140 approved and 485 pending. Current H1B expires in Dec this year. Do I need to file for an H1B extension or does this change my status automatically? Please be detailed in your response. Thanks.
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  #4 (permalink)  
Old 11-14-2007, 03:21 AM
Junior Member
Priority Date
:
Mar-04
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
Belgium
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
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Join Date: Jul 2006
Posts: 17
mangelschots will become famous soon enough
Default

Just spoke to my lawyer about the same.
You CAN stay in US on EAD/AP only. There is no strict necessity to extend your H1.
However, the disadvantage of this is that, in case your GC get's denied or if you do not renew your EAD on time (my lawyer recommends to apply for EAD renewal 100 days before its expiry), you get approx 10 days or so to pack your stuff and get out of Dodge City. I don't know how mobile you are. Depending on your situation (single, living in an apartment out of a suitcase, vs married with children in school and a mortgage on a house) this might be somewhat uncomfortable.

When you keep your H1 current in parallel to your EAD/AP, (in case your I-140 is approved, you are eligible for extension up to 3 years) you are guaranteed to be allowed to stay in the US (you'll have to continue working for your sponsor) for the duration of your H1, regardless the outcome of the GC.

So, worst case: you abandon H1 and GC gets denied --> adios muchachos, you have 10 days to get out of here.
more comfortable doomsday scenario: H1 extended for another 3 years and GC denied --> you get to stay a little longer and can make a more graceful exit.
In case your GC gets approved (this century) --> who cares - Party time.
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  #5 (permalink)  
Old 11-15-2007, 11:43 AM
Junior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Dec 2006
Posts: 15
dhirajgrover is on a distinguished road
Default Re:

Jan 3, 2007. Thanks!

Quote:
Originally Posted by Rajwaitingon140 View Post
What was your I-140 Reciept Date?

RT
I-140 Reciept Date: DEC'2006
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  #6 (permalink)  
Old 11-15-2007, 11:46 AM
Junior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Dec 2006
Posts: 15
dhirajgrover is on a distinguished road
Default Thanks for the detailed reply!

Hello mangelschots,

Thanks for the detailed reply! For some reason, my employer's law associate informed me that I would not need an H1B extension if I had my I140 approved. As such, I was double checking as it did not sound right to me.

DG

Quote:
Originally Posted by mangelschots View Post
Just spoke to my lawyer about the same.
You CAN stay in US on EAD/AP only. There is no strict necessity to extend your H1.
However, the disadvantage of this is that, in case your GC get's denied or if you do not renew your EAD on time (my lawyer recommends to apply for EAD renewal 100 days before its expiry), you get approx 10 days or so to pack your stuff and get out of Dodge City. I don't know how mobile you are. Depending on your situation (single, living in an apartment out of a suitcase, vs married with children in school and a mortgage on a house) this might be somewhat uncomfortable.

When you keep your H1 current in parallel to your EAD/AP, (in case your I-140 is approved, you are eligible for extension up to 3 years) you are guaranteed to be allowed to stay in the US (you'll have to continue working for your sponsor) for the duration of your H1, regardless the outcome of the GC.

So, worst case: you abandon H1 and GC gets denied --> adios muchachos, you have 10 days to get out of here.
more comfortable doomsday scenario: H1 extended for another 3 years and GC denied --> you get to stay a little longer and can make a more graceful exit.
In case your GC gets approved (this century) --> who cares - Party time.
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  #7 (permalink)  
Old 11-15-2007, 11:46 AM
Junior Member
Priority Date
:
May-04
Category
:
EB3
I140 Mailed Date
:
08/15/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/15/2007
Compare
Join Date: Dec 2006
Posts: 15
dhirajgrover is on a distinguished road
Default Thanks!

Thanks!

Quote:
Originally Posted by GC_Aspirant101 View Post
You have to file for H1B extension. Since your I-140 is already approved, you are eligible for max of 3 years extension.
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