Filing EAD myself using I 140 receipt notice

[p4paulian]

Hi All

I dont have copy of approved 140 with me. I am current. My employer is delaying in filing 485.

He wont provide copy of I 140.

While I wait for him to file 485, can I file EAD/AP based on the receipt number ?

Also, as my PD is current, and i am in my 6th year of H1B, will I get 3 yrs or 1 year based on approved I 140 on my H1B?

Thanks

[JoeF]

An EAD requires a pending I-485.

[Attorney_20]

Regarding your other question about H1B extension, you can only extend in one year increments while your Priority Date is current as long as your GC case has been in process for 365 days or more. The three year extension is only available to those with approved I-140 petitions and non-current priority dates.

[Belle]

I-140 is a like a job offer for a permanent job. If your employer would not give you the approval, that's pretty much all you need to know whether your employer wants you for the long term as well as whether this employer is even worth working for. You should look for a better job, and then figure out how to arrange the papers.

[kmallik2000]

In my case, i have got i140 and labor approved with old company name. I was current in recent buttletin. My company name changed to new merged company. i have filed I485 along with 140 amendment. it looks like when you file concurrent, your I485 receipt PD shows RD of I485 and does not show original PD. can you please clarify if this is correct? I see it on myself & spouse receipts. I read in forums that spouse receipt will have RD of I485. That make sense. In my case, i am primary applicant and do see RD as PD. My attorney says they will have your PD when I140 amendment gets approved and no action required from me. so i am not doing anything. I want to get the confirmation from our experts here. Is this common for all concurrent filers? and also advise on timings of I140 amendment? i have received 6 receipts for myself and wife. i dont have case for I140 amendment. I think my employer will have it. i will check with them. please advise if you know of more info on this

[p4paulian]

Hi Belle, I know you are correct. I joined this company as it is one of the big companies. Now what they are saying is that what thy are saying is

As they ported my old pd from previous employer, they quoted that " Your previous employer had 20k more in the labor then you currently have and therefore we cant proceed with 485"

Is it not true that once you file a fresh labor and port an old pd, still the salary in labor is what is in the fresh labor?

If they are not telling the truth, which I think they are as it is them who listed 20k more in my labor and now at the time of 485 as they will have to match the salary.

How can I proceed further?

Thanks

[Belle]

Your salary should match the position you are being sponsored for, which I take is with the current employer. Whatever the old employer was sponsoring you for is not relevant since you are not taking that position.

[p4paulian]

Thanks Belle. If that is case, then my employer can legally file my 485 and offer me the salary they listed in the labor which they filed for me.

But, as you stated, they wont even know my previous labor which was with previous employer.

Basically, they dont wanna file my case or wanna delay using this reason??

[Belle]

Thanks Belle. If that is case, then my employer can legally file my 485 and offer me the salary they listed in the labor which they filed for me.

No, legally, your employer cannot file your I-485. Legally, only you can.

You should get a consultation with a good lawyer. You can hire that lawyer if you like them.

[p4paulian]

Thanks Belle,

Please correct me if I am wrong:

I have only two options or 1 :

a) Either I change the employer and start a fresh labor.

For that

======

I have the receipt of my new 140 from my current employer, but not the copy of approval notice.

But

I have my old 140 from my previous employer still with me.

I am in my 6th year, So, can I do H1 transfer based on either of my 140 copies?

Will I get H1 extensions of 3 yrs?

b) Can I file my 485, even though I dont have 140 approval copy and EVL?

Thanks for you updates

[deepapk]

In my case, i have got i140 and labor approved with old company name. I was current in recent buttletin. My company name changed to new merged company. i have filed I485 along with 140 amendment. it looks like when you file concurrent, your I485 receipt PD shows RD of I485 and does not show original PD. can you please clarify if this is correct? I see it on myself & spouse receipts. I read in forums that spouse receipt will have RD of I485. That make sense. In my case, i am primary applicant and do see RD as PD. My attorney says they will have your PD when I140 amendment gets approved and no action required from me. so i am not doing anything. I want to get the confirmation from our experts here. Is this common for all concurrent filers? and also advise on timings of I140 amendment? i have received 6 receipts for myself and wife. i dont have case for I140 amendment. I think my employer will have it. i will check with them. please advise if you know of more info on this

p4paulian

Did you do premium processing for your I140 amendment? When did you apply for I140 amendment and I1485?

Thank you

[Belle]

"I am in my 6th year, So, can I do H1 transfer based on either of my 140 copies"

Your green card case needs to be pending for more than a year to be able to use I-140 notice. I am not sure both qualify. But if one does, your employer can extend your H1.

Three years only if you file based on approved I-140 and your PD is not current.

"b) Can I file my 485, even though I dont have 140 approval copy and EVL?"

You can't file without an EVL.

[p4paulian]

"I am in my 6th year, So, can I do H1 transfer based on either of my 140 copies"

Your green card case needs to be pending for more than a year to be able to use I-140 notice. I am not sure both qualify. But if one does, your employer can extend your H1.

Three years only if you file based on approved I-140 and your PD is not current

Thanks Belle, so if I understand correctly, my PD is current, my 140 is approved. If I change employment, I will get only 1 year extensions?

Also, my labor was filed last year in April. So, my GC is not pending beyond 1 year.

Well, so, even my empolyer or any employer can file for my H1 extensions only after April or can they do so right now?

Thanks

[Belle]

"Thanks Belle, so if I understand correctly, my PD is current, my 140 is approved. If I change employment, I will get only 1 year extensions?"

Correct.

"Also, my labor was filed last year in April. So, my GC is not pending beyond 1 year."

If you have an approved I-140 from a different case, it is generally enough to get an H1 extension.

"Well, so, even my empolyer or any employer can file for my H1 extensions only after April or can they do so right now?"

Talk to a lawyer. My understanding is that anyone can file based on approved I-140 regardless of the date of filing. Plus, your PD has been ported, meaning that at least one of the cases is older. If the new I-140 retained that date, your whole case has been pending since that earlier PD.