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I140 & I485 not concurrent

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  • #16
    Originally posted by libra14 View Post
    Thanks everyone,

    If not AOS (I485), Can I apply for EAD (I765) & AP (I131) after 140 approval & stay in USA with it? Or switch to H1 & still eligible for EB1C?
    Once again I140 by itself does not confer any immigration benefits, so you cannot apply for EAD. Eligibility for EB1C is not dependent on you holding a L1 status. You can apply under EB1C if you meet all the criteria; your current visa status is immaterial. Having said that if you exhaust your 7 yrs. on L1, you cannot switch to H1 anyway.
    Just an opinion; Not legal advice.

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    • #17
      Thanks everyone.

      Next, I was reading visa bulletin & not able to understand two dates/table thing. What is the difference between Final action date & Date for filling EB visa application?

      Does that says I can file 485 once the Date for filing is current or matching my PD ? and I will receive my GC once the Final action is matching my PD?

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      • #18
        Final action date is when a GC is available for your category.
        Date for filing is used sometimes by USCIS to let people apply for AOS. I think that in the last 2.5 years (or more) only for 4 months we were able to file EB AOS with dates for filing, all the rest only when Final action date is current.
        Last edited by Enub4; 07-02-2019, 07:18 PM.
        Nov 2018 - Package sent - EB - Texas Service Center
        Day 1 - Package received at the lockbox
        Day 999 - Card delivered to me - Aug 2021
        ---
        All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

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