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Almost there please help (I-485 pending)

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  • Almost there please help (I-485 pending)

    This question is regarding my father's I-485 application. Thank you in advance for your responses and help. I have spent days trying to find the answer to this question on official .gov sites but have not got a definite closure on it.

    Background:
    My father received an approval on his I-140 around April 07. When the que for submitting I-485s in his category (3rd) became current (July 2) he submitted all the necessary documents. He just recently received the Advance Parole he applied for concurrently with the I-485, he was called for and completed the fingerprinting, and even his EAD has arrived so the process is going. The Nebraska service center is currently processing I-485s from Dec 19 2006. My father is currently on an H1-B visa for the employer petitioning the I-140. However, the H1-B expires (6th) in less than 9 months and there is serious doubt that the I-485 will be adjudicated before the H1-B expires.

    Question:

    1) Can my father extend his H1-B again, past the 6th year limit, while he is waiting for adjudication.
    2) Since he has already got his I-485 application in and everything is in process and pending, does he really need to extend his H1-B or will he be fine without an extension.

    Thanks for your replies.

  • #2
    This question is regarding my father's I-485 application. Thank you in advance for your responses and help. I have spent days trying to find the answer to this question on official .gov sites but have not got a definite closure on it.

    Background:
    My father received an approval on his I-140 around April 07. When the que for submitting I-485s in his category (3rd) became current (July 2) he submitted all the necessary documents. He just recently received the Advance Parole he applied for concurrently with the I-485, he was called for and completed the fingerprinting, and even his EAD has arrived so the process is going. The Nebraska service center is currently processing I-485s from Dec 19 2006. My father is currently on an H1-B visa for the employer petitioning the I-140. However, the H1-B expires (6th) in less than 9 months and there is serious doubt that the I-485 will be adjudicated before the H1-B expires.

    Question:

    1) Can my father extend his H1-B again, past the 6th year limit, while he is waiting for adjudication.
    2) Since he has already got his I-485 application in and everything is in process and pending, does he really need to extend his H1-B or will he be fine without an extension.

    Thanks for your replies.

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by i_Immigrant:
      1) Can my father extend his H1-B again, past the 6th year limit, while he is waiting for adjudication.
      2) Since he has already got his I-485 application in and everything is in process and pending, does he really need to extend his H1-B or will he be fine without an extension.

      Thanks for your replies. </div></BLOCKQUOTE>

      He can extend his H-1B visa/status beyond the limit of six years because, obviously, his Laborcert/PERM/I-140 priority date is 365 days away from the last day of his status under H-1B.

      But what you're thinking is right, he doesn't have to extend his nonimmigrant status (H-1B) once he filed his EB-3 I-485 AOS application.
      His AOS filing served to "bridge" his immigration status and he is now an "immigrant in waiting."

      It's just worthwhile to consider that he limits his foreign travels to the minimum (either via a valid passport-stamped H-1B visa or an Advance Parole document), before he actually receives his green card.

      Comment


      • #4
        "Rough Neighbor" thanks for the reply, I really appreciate you providing an answer to this question.

        Comment

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