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Can Commuter's work in U.S. while waiting for Interview

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  • Can Commuter's work in U.S. while waiting for Interview

    I am wondering if there is a way for approved I-140 employment based applicants to continue working in the U.S. while they wait for their Interview (if their current work visa has expired)? I have called USCIS and they are confused. Also, if the dependant spouse of an approved I-140 applicant would like to work while waiting for their interview to become current is there a way to do that. Any info. would be so helpful.

  • #2
    I am wondering if there is a way for approved I-140 employment based applicants to continue working in the U.S. while they wait for their Interview (if their current work visa has expired)? I have called USCIS and they are confused. Also, if the dependant spouse of an approved I-140 applicant would like to work while waiting for their interview to become current is there a way to do that. Any info. would be so helpful.

    Comment


    • #3
      (1) in regards to you, did you file I-140 and I-485 concurrently? if so, did you file a I-765 with it?

      (2) in regards to your husband, assuming you filed a I-485 for him did you file a I-765 with it?
      Anita Shia, Esq. has been practicing immigration law for nearly 10 years and is an active member of AILA (American Immigration Lawyers Association). Based in New York and New Jersey, she nevertheless represents clients from all over the U.S. and abr

      Comment


      • #4
        No, this is an I-140 filed for Consular Processing as they are commuting from Canada to work everyday with a visa. They do not live in the U.S. presently. Had they filed an I-485 they could have both filed for an I-765, but they have to wait up to three years for a Consulate Interview. How can they work in the U.S. for the duration of the Green Card Process?
        Thank you for your help.

        Comment


        • #5
          Strange, I've never heard a 3 year waiting period for immigrant consular processing, unless they are nationals of Philippines, China or India.
          Anita Shia, Esq. has been practicing immigration law for nearly 10 years and is an active member of AILA (American Immigration Lawyers Association). Based in New York and New Jersey, she nevertheless represents clients from all over the U.S. and abr

          Comment


          • #6
            What was the visa type that expired?
            The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

            Comment


            • #7
              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by uslawyer:
              Strange, I've never heard a 3 year waiting period for immigrant consular processing, unless they are nationals of Philippines, China or India. </div></BLOCKQUOTE>
              Delayed b/c of name check on I-485. It is now being required for all immigrants and has delayed the processing times from a few months or more. It was based on a recent bill being passed either earlier this year or late last year.
              "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

              Comment


              • #8
                They are waiting because the Immigrant Visa's are backlogged. They are issuing Visa's for May 2002 priority dates and their priority date is October 2005.They have an H1B visa and the cap is up. The dependant husband was really hoping to be able to work so the wife (primary applicant)could get pregnant and stay home for a while.

                Comment


                • #9
                  Got it, they must fall under the EB-3 category. If they still had a current H1 visa they could have renewed it every year until their priority date is up. It's an unfortunate situation.
                  Anita Shia, Esq. has been practicing immigration law for nearly 10 years and is an active member of AILA (American Immigration Lawyers Association). Based in New York and New Jersey, she nevertheless represents clients from all over the U.S. and abr

                  Comment


                  • #10
                    I am assuming that there is no protocal for this situation and am so suprised that they have no options. Why would a U.S. employer continue to sponsor an applicant that can't work for them for three years? The applicants employment is the entire basis of the Green Card petition, it makes no sense to approve a petition and then not enable them to work while they wait for an immigrant visa to become available. Thank you for your comments.

                    Comment


                    • #11
                      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by TaraMac:
                      They are waiting because the Immigrant Visa's are backlogged. They are issuing Visa's for May 2002 priority dates and their priority date is October 2005.They have an H1B visa and the cap is up. The dependant husband was really hoping to be able to work so the wife (primary applicant)could get pregnant and stay home for a while. </div></BLOCKQUOTE>
                      Yes, the EB employment visas are backlogged, but because of the additional security checks placed on all I-485 applications (including I-140 petitions) which lessons the number of visas issued due to time constraints. This is one method the Dept of State can use to reduce the number of employment perm green cards. Furthermore, I also understand that those who are waiting for the employment based GC use the H visa category to continue working while in the US. However, the additional security checks have allowed the State Dept to backdate the priority date in order to allow the additional aecurity checks.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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