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Immigration Issues/H1B renewal if I-140/I-485 filed?

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Question
Hello Sir,

I did my MBA from US and working with a direct company since 2009. I received my H1 until Mar 2012. My employer is filling 140/485 next week. I see in different sites that PD for India is going current based on this new rule. If my employer is filling premium 140 and 485 then do you think I should file H1B renewal? Also, once I get my 140 approved within few months how much time I have to wait to get travel document in which I don't need to go for any consular interview in India? How much time do you see overall to get GC if PD goes current?

Answer
Hi,

If priority date is current (see www.h1b1.com/visawaiting.htm ) and I-485 can be filed based either with concurrent I-140 filing or after I-140 approval, EAD (employment authorization application) can also be filed alongside the I-485. EAD application cannot be filed unless I-485 is also being filed.

You are not required to maintain independent H1B status if I-485 has been filed. However, it is highly recommended that you continue to maintain underlying nonimmigrant H1B visa status in case there is a problem with the I-140 or I-485. If you are maintaining H1B status in case of I-140 or I-485 denial, you may not be required to depart the U.S.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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