How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Expert James Your Own Question

Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7427
Experience:  Experienced in all aspects of immigration and nationality law.
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

1. My H1B expired April 1, 2012 and I have exhausted my 6 years. 2.

Resolved Question:

1. My H1B expired April 1, 2012 and I have exhausted my 6 years.
2. I filed I-140 NIW in October 2011, Filed I-485 in January 2012 and got EAD valid Feb 2012-Feb 2013.
3. My wife and kids are also on EAD
4. My I-140 NIW denied April, 2012 and last day to send MTR/Appeal is May 23, 2012
5. I-485 shows still pending.
6. My employer will file labor certification June 18 with Department of Labor
Question: What are my options to remain in status?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Expert James replied 2 years ago.

Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.

 

QUESTION: What are my options to remain in status?

ANSWER: Unfortunately, you already are out of status, when your H1B status expired. Yes, you filed the I-140 and the I-485 prior to the end of your H1B status, but you are not in any valid status now. You are in what is called authorized stay, where you are authorized stay until a final decision is made on your petition and application.

 

So the only option at this point is to await the answer of the appeal. You cannot change your status to any other status, since your previous status has already expired.

 

Note that you cannot get any extension past 6 years on the H1B, unless you have a PERM pending for 365 days or more, or you have an approved I-140. So you are not eligible for an extension of the H1B past the 6th year. Furthermore, even if you were, you've already fallen out of status and therefore you have no status from which to extend.

 

I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!

Customer: replied 2 years ago.
Reference item 6 on my brief, will USCIS accept my I-140 if the labor certification is approved by DOL, say in July/August and the MTR/Appeal is still pending on the NIW I-140?

And, can I use my EAD now?
Expert:  Expert James replied 2 years ago.
Yes, the I-140 will be accepted by the USCIS, unless it is somehow deficient. But I have no way of knowing this information. Note that the I-140 does not give you any status int he US, so it will not keep you safe in the US. All it does is categorize you as an immigrant, rather than a non-immigrant. But it's approval alone does not give you any status, nor will it allow you to get an extension of the H1B at this point. It has to be approved in order for you to extend, and if there is no status from which to extend, then even the approved I-140 will not help you at this point.

Yes, you are permitted to use the EAD until a decision is made on your I-485. If you receive a denial on the I-485, then your EAD also is no longer valid.

I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!
Customer: replied 2 years ago.
The I-140(EB2)stated in my Item 6 will be based on a labor certification approval which we hope to get in July/August. I am done with H1B, so we are not even going that route.

We plan to file the I-140 (EB2) in July/August on premium processing.

My worry was whether or not the I-140 will be accepted by USCIS while my present I-140 case is pending.

I also understand that should the I-485 be denied, I can refile?

If my labor certification and I-140 (EB2) are successful, and i refile I-485, do you see any other obstructions?

I have no more questions and will close after accepting your pending answers.
Expert:  Expert James replied 2 years ago.
QUESTION: My worry was whether or not the I-140 will be accepted by USCIS while my present I-140 case is pending.
ANSWER: You are allowed to have multiple I-140's pending at the same time.

QUESTION: I also understand that should the I-485 be denied, I can refile?
ANSWER: You are out of status, so you have no status from which to adjust if you refile.

QUESTION: If my labor certification and I-140 (EB2) are successful, and i refile I-485, do you see any other obstructions?
ANSWER: The only obstruction I see is the one I mention above. Remember, neither a labor certification nor an approved I-140 give you status in the US from which to adjust, and your previous status expired already.

I hope I have answered your questions. Please click one of five faces to let me know how I've helped. This is the only way I will know if the information I've provided has been helpful, or if you need further clarification.

Keep in mind that we Experts are here to provide you with the most honest, accurate, and truthful information that we have available, even if it is not what you want to hear. If you need clarification, please do not leave negative feedback. Instead, please feel free to ask follow-up questions, and I will be happy to clarify things for you.

Also consider leaving a BONUS and some positive feedback - both are much appreciated.

Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyer

Thank you!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7427
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 4 other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney
 
 
 

Related Immigration Law Questions