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pradboy

What if PD gets current amidst an LC petition???

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Here is the scenario...

Got my H1B extended for the third time (total 9 years) till Aug 2013.

One employer - LC approved - I-140 approved - PD April 2009.

Seems like with the way the dates are moving forward and looking at the existing I-485 inventory...things might move sooner after all....(Hallelujah)

Here is my question - If I think of changing jobs next year (say around July 2012) and since I have to again go through a LC/I-140 stage with the new employer (ofcourse, PD being ported from previous employer) and if, during the process of the second LC/I-140 stage, what if the PD becomes CURRENT in say, Sept 2012??? Will I be able to file for my I-485 and get my EAD after??? Or can I only file for I-485 when the new I-140 get approved???

Mahalo-Gazaimas.

~P

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please consult a lawyer.

you can file I-485 when your PD is current even if I-140 is still pending (concurrent filing).

Originally posted by pradboy:

Here is the scenario...

Got my H1B extended for the third time (total 9 years) till Aug 2013.

One employer - LC approved - I-140 approved - PD April 2009.

Seems like with the way the dates are moving forward and looking at the existing I-485 inventory...things might move sooner after all....(Hallelujah)

Here is my question - If I think of changing jobs next year (say around July 2012) and since I have to again go through a LC/I-140 stage with the new employer (ofcourse, PD being ported from previous employer) and if, during the process of the second LC/I-140 stage, what if the PD becomes CURRENT in say, Sept 2012??? Will I be able to file for my I-485 and get my EAD after??? Or can I only file for I-485 when the new I-140 get approved???

Mahalo-Gazaimas.

~P

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If the PD is current, and the LC is approved, I-140 and I-485, and EAD and AP, can be filed together.

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