Shreyabrata Dash Posted October 3, 2017 Report Posted October 3, 2017 Hi, My employer is filing my EB1 by 15-Oct-2017 with concurrent filing of I-140 & I-485. I am currently on H1B and the I-94 expires by 23-Dec-2017. I have checked with my attorney to explore options of early filing of I-140 but it seems the filing needs to happen concurrently considering my current non-Immigration status, I would appreciate is someone can answer my queries - 1. Is premium process allowed on I-140 filing cases in EB1 category(concurrent filing)? I am worried on my work authorization status that could be impacted by 23-Dec-2017(I-94 expiry) and EAD approvals may not be available by then. 2. Can my EAD be filed along with concurrent filing of I-140 & I-485? I am looking at options to accelerate the process to keep my work authorization status valid. 3. One expert has said if EAD is filed before 23-Dec-2017, it will keep my work authorization status valid with "current Employer" but until EAD approval , I cannot have a work status with another employer.Assuming EAD approvals take 90 days(3 months), can I maintain my work authorization status after 23-Dec-2017 based on my EAD receipt#? 4. I have been told by attorney that once my I-140 & I-485 are concurrently filed, I will have to be in US for roughly 6 months and movement outside US will disqualify my I-485. I am looking for options to have some travel documents/approvals on hand by 05-Feb-2018. By what stage of my GC attorney can file for Advance Payroll for self & dependents(I-140/485 or EAD)? Also what is a typical duration needed for AP approvals? Any valuable comments/responses to my queries is helpful so I can discuss the options with my organization and lawyer. Regards, Shreyabrata
Shreyabrata Dash Posted October 9, 2017 Author Report Posted October 9, 2017 On 10/2/2017 at 10:48 PM, Shreyabrata Dash said: Hi, My employer is filing my EB1 by 15-Oct-2017 with concurrent filing of I-140 & I-485. I am currently on H1B and the I-94 expires by 23-Dec-2017. I have checked with my attorney to explore options of early filing of I-140 but it seems the filing needs to happen concurrently considering my current non-Immigration status, I would appreciate is someone can answer my queries - 1. Is premium process allowed on I-140 filing cases in EB1 category(concurrent filing)? I am worried on my work authorization status that could be impacted by 23-Dec-2017(I-94 expiry) and EAD approvals may not be available by then. 2. Can my EAD be filed along with concurrent filing of I-140 & I-485? I am looking at options to accelerate the process to keep my work authorization status valid. 3. One expert has said if EAD is filed before 23-Dec-2017, it will keep my work authorization status valid with "current Employer" but until EAD approval , I cannot have a work status with another employer.Assuming EAD approvals take 90 days(3 months), can I maintain my work authorization status after 23-Dec-2017 based on my EAD receipt#? 4. I have been told by attorney that once my I-140 & I-485 are concurrently filed, I will have to be in US for roughly 6 months and movement outside US will disqualify my I-485. I am looking for options to have some travel documents/approvals on hand by 05-Feb-2018. By what stage of my GC attorney can file for Advance Payroll for self & dependents(I-140/485 or EAD)? Also what is a typical duration needed for AP approvals? Any valuable comments/responses to my queries is helpful so I can discuss the options with my organization and lawyer. Regards, Shreyabrata Hi All - Can someone help me with some answers?
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