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Is it mandatory to have valid H1B approval notice during the I-140 period?

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  • Is it mandatory to have valid H1B approval notice during the I-140 period?

    Hi,


    I have filed the I-140 through my employer. Unfortunately, it was filed in regular, not premium. My H1B is expiring in the near future. Do I need to have a valid H1B approval notice on hand when my I-140 is in process? Or is it enough to have the H1B receipt notice? What if I file my H1B extension now and I receive the receipt notice and my I-140 gets approved when I have the receipt notice? My PD is current. If I have the receipt notice, is it possible for me to file the I-485?


    Thanks in advance.

  • #2
    Originally posted by pnbalaji View Post
    Hi,


    I have filed the I-140 through my employer. Unfortunately, it was filed in regular, not premium. My H1B is expiring in the near future. Do I need to have a valid H1B approval notice on hand when my I-140 is in process? Or is it enough to have the H1B receipt notice? What if I file my H1B extension now and I receive the receipt notice and my I-140 gets approved when I have the receipt notice? My PD is current. If I have the receipt notice, is it possible for me to file the I-485?


    Thanks in advance.
    I140 & I485 have got nothing to do with H1. If your PD is current you can file I140 and I485 concurrently. The requirement for I485 is that you were paroled in and your current stay is authorized. As long as you can show that, it is immaterial whether you currently are on H1 or not.
    Just an opinion; Not legal advice.

    Comment


    • #3
      Originally posted by pnbalaji View Post
      Hi,


      I have filed the I-140 through my employer. Unfortunately, it was filed in regular, not premium. My H1B is expiring in the near future. Do I need to have a valid H1B approval notice on hand when my I-140 is in process? Or is it enough to have the H1B receipt notice? What if I file my H1B extension now and I receive the receipt notice and my I-140 gets approved when I have the receipt notice? My PD is current. If I have the receipt notice, is it possible for me to file the I-485?


      Thanks in advance.
      Thanks for the response. The reason I asked this question is that my I-485 once got denied as I was not able to maintain my H1B status for about 5 months. I filed labor and I-140 thru my new employer, requesting USCIS to port the old PD. So, when my I-140 gets approved, my PD will be current and I can file I-485. If I only have the receipt notice for the H1B extension when the officers take the I-485 to process, I don't want my I-485 to be denied again since I do not have H1B approval notice, but only the receipt notice.

      Comment


      • #4
        Originally posted by pnbalaji View Post
        Thanks for the response. The reason I asked this question is that my I-485 once got denied as I was not able to maintain my H1B status for about 5 months. I filed labor and I-140 thru my new employer, requesting USCIS to port the old PD. So, when my I-140 gets approved, my PD will be current and I can file I-485. If I only have the receipt notice for the H1B extension when the officers take the I-485 to process, I don't want my I-485 to be denied again since I do not have H1B approval notice, but only the receipt notice.
        Once again I485 has got nothing to do with your H1B. It probably was denied since you were ineligible for AOS due to unauthorized stay. The conditions for AOS (I485) with an EB petition are:
        (1) Your entry was legal.
        (2) Your stay since your latest entry has been authorized.

        It looks like the last time you were out of status for about 5 months and hence your AOS was denied.
        Just an opinion; Not legal advice.

        Comment

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