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I-140 Pending for over 18 months, Applied for EAD

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  • I-140 Pending for over 18 months, Applied for EAD

    Hi All,

    My I-140 was filled on some time in April 2007 and its is still pending. I have also filed my I-485 on same year in August. Based on our pending GC my wife got her EAD and she is working. I am still on H1, but due present market condition my employer is not able to find a project for me, So I am willing to get an EAD and join a new position with a new employer. But the pending I-140 is only making it difficult. I last information that I have from USCIS is that , my I-140 case has been transfered from Nebraska to Texas on Sept 19th 2008.
    Now my question is - will case be processed in Texas when the processing occurs for Sept 2008 applications ? Is there any thing my employer or someone can do anything to inquire and expedite the process ?

    Any advice or suggestions from anyone will be really appreciated.

    Thanks in Advance,

  • #2
    Processing time is just a guideline. Your case will be looked at when the processing time hits the date your application was received but could take any amount of time from there.

    As long as you are getting paid on H1b, you have nothing to worry. If not, your 485 and your H1b/H4 might be in trouble in case of a query or a 140 denial.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.