EB1 Promotion after I-140 approval, I-485 not yet filed?


Recommended Posts

Hi,

My I-140 under EB1B (assistant professor) was approved in 2018, but the priority date or even date of filing for I-485 has not been current since then. So I haven't been able to file the I-485. I understand AC21 applies when AOS is 'pending' for more than 180 days. Does this mean I-485 should have been already filed, or does this apply even if one has not been eligible to file for AOS for several months after approval of I-140?

1) Is there a need to redo I-140 under EB1-B (promotion from assistant professor to associate professor), if there is no change in job duties, the only thing that changes is salary?

2) Can I accept the promotion before or after I file the I-485, without any other change to the GC application process?

3) I am on H1B extension based on I-140 approval. If my priority date is between the 'date for filing' and 'final action date', I am eligible to at least file the I-485. But can I then request a 3-year extension for the H1B, if the I-485 is filed, but PD is not current?

Thanks!

Link to comment
  • 3 weeks later...

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...