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Adjustment of Status

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Old Feb 28th 2005, 9:53 am
  #1  
Bh
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Default Adjustment of Status

I am currently in the US and have an EAD. I wish to apply for an
adjustment of status as a citizen of exceptional ability in the arts.
My question is, may I submit my I-140 (Petition for Alien Worker), I-485
(Adjustment of Status) and I-175 (EAD document renewal, NIW) all at the
same time? Any tips and assistance would be greatly appreciated. Thank
you.
 
Old Feb 28th 2005, 10:26 am
  #2  
Bh
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Posts: n/a
Default Re: Adjustment of Status

Btw, I meant I-765 for the EAD. And a related question: is it better to
just file for the I-140 and I-765, then wait for instructions regarding
the I-485? If my I-140 is accepted, will I be able to work? ie: will
they extend my current EAD while the I-485 is processed?

BH wrote:

    > I am currently in the US and have an EAD. I wish to apply for an
    > adjustment of status as a citizen of exceptional ability in the arts. My
    > question is, may I submit my I-140 (Petition for Alien Worker), I-485
    > (Adjustment of Status) and I-175 (EAD document renewal, NIW) all at the
    > same time? Any tips and assistance would be greatly appreciated. Thank
    > you.
 
Old Feb 28th 2005, 11:42 am
  #3  
Sylvia Ottemoeller
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Posts: n/a
Default Re: Adjustment of Status

"BH" <[email protected]> wrote in message
news:[email protected] m...

    > Btw, I meant I-765 for the EAD. And a related question: is it better to
    > just file for the I-140 and I-765, then wait for instructions regarding
    > the I-485?

No. The mere filing of Form I-140 does not make you eligible to file Form
I-765. The filing of Form I-485 is what makes you eligible to file Form
I-765 in this case.

If my I-140 is accepted, will I be able to work? ie: will
    > they extend my current EAD while the I-485 is processed?

You are eligible to apply for subsequent EADs as long as the I-485 remains
pending.

    > BH wrote:
    > > I am currently in the US and have an EAD. I wish to apply for an
    > > adjustment of status as a citizen of exceptional ability in the arts. My
    > > question is, may I submit my I-140 (Petition for Alien Worker), I-485
    > > (Adjustment of Status) and I-175 (EAD document renewal, NIW) all at the
    > > same time?

Yes, you may, but you will be taking a risk that the I-140 will ultimately
be denied, and then the I-485 and I-765 will be denied. If you don't have a
valid nonimmigrant status to fall back on, you will have to leave the U.S.
immediately.

You say you have an EAD -- what is the basis for it? F-1 OPT? It is
considered a more strategically sound immigration practice for a person to
obtain nonimmigrant status which can carry him or her through if the I-140
is denied.
 
Old Feb 28th 2005, 3:01 pm
  #4  
Bh
Guest
 
Posts: n/a
Default Re: Adjustment of Status

Thank you for the tips. I am indeed here on an F-1 OPT EAD. You say it
is "a more strategically sound immigration practice for a person to
obtain nonimmigrant status which can carry him or her through if the
I-140 is denied." What exactly should I file for this nonimmigrant
status? My immigration counselor at school is not the sharpest knife in
the drawer, and any advice is greatly appreciated.

Sylvia Ottemoeller wrote:
    > "BH" <[email protected]> wrote in message
    > news:[email protected] m...
    >
    >
    >>Btw, I meant I-765 for the EAD. And a related question: is it better to
    >>just file for the I-140 and I-765, then wait for instructions regarding
    >>the I-485?
    >
    >
    > No. The mere filing of Form I-140 does not make you eligible to file Form
    > I-765. The filing of Form I-485 is what makes you eligible to file Form
    > I-765 in this case.
    >
    > If my I-140 is accepted, will I be able to work? ie: will
    >
    >>they extend my current EAD while the I-485 is processed?
    >
    >
    > You are eligible to apply for subsequent EADs as long as the I-485 remains
    > pending.
    >
    >
    >>BH wrote:
    >>>I am currently in the US and have an EAD. I wish to apply for an
    >>>adjustment of status as a citizen of exceptional ability in the arts. My
    >>>question is, may I submit my I-140 (Petition for Alien Worker), I-485
    >>>(Adjustment of Status) and I-175 (EAD document renewal, NIW) all at the
    >>>same time?
    >
    >
    > Yes, you may, but you will be taking a risk that the I-140 will ultimately
    > be denied, and then the I-485 and I-765 will be denied. If you don't have a
    > valid nonimmigrant status to fall back on, you will have to leave the U.S.
    > immediately.
    >
    > You say you have an EAD -- what is the basis for it? F-1 OPT? It is
    > considered a more strategically sound immigration practice for a person to
    > obtain nonimmigrant status which can carry him or her through if the I-140
    > is denied.
    >
    >
 
Old Mar 1st 2005, 6:58 am
  #5  
Sylvia Ottemoeller
Guest
 
Posts: n/a
Default Re: Adjustment of Status

"BH" <[email protected]> wrote in message
news:[email protected]. com...

    > Thank you for the tips. I am indeed here on an F-1 OPT EAD. You say it
    > is "a more strategically sound immigration practice for a person to
    > obtain nonimmigrant status which can carry him or her through if the
    > I-140 is denied." What exactly should I file for this nonimmigrant
    > status? My immigration counselor at school is not the sharpest knife in
    > the drawer, and any advice is greatly appreciated.

Normally, you would obtain H-1B status through a job offer from an employer,
if you can get a qualifying offer.

I think you should consult with a good immigration attorney about the
realistic chances of success of your exceptional ability petition. For a
person right out of school, this is not that easy to get.

    > Sylvia Ottemoeller wrote:

    > > "BH" <[email protected]> wrote in message
    > > news:[email protected] m...

    > >>Btw, I meant I-765 for the EAD. And a related question: is it better to
    > >>just file for the I-140 and I-765, then wait for instructions regarding
    > >>the I-485?

    > > No. The mere filing of Form I-140 does not make you eligible to file
Form
    > > I-765. The filing of Form I-485 is what makes you eligible to file Form
    > > I-765 in this case.

    > > If my I-140 is accepted, will I be able to work? ie: will
    > >>they extend my current EAD while the I-485 is processed?

    > > You are eligible to apply for subsequent EADs as long as the I-485
remains
    > > pending.

    > >>BH wrote:

    > >>>I am currently in the US and have an EAD. I wish to apply for an
    > >>>adjustment of status as a citizen of exceptional ability in the arts.
My
    > >>>question is, may I submit my I-140 (Petition for Alien Worker), I-485
    > >>>(Adjustment of Status) and I-175 (EAD document renewal, NIW) all at the
    > >>>same time?

    > > Yes, you may, but you will be taking a risk that the I-140 will
ultimately
    > > be denied, and then the I-485 and I-765 will be denied. If you don't
have a
    > > valid nonimmigrant status to fall back on, you will have to leave the
U.S.
    > > immediately.
    > >
    > > You say you have an EAD -- what is the basis for it? F-1 OPT? It is
    > > considered a more strategically sound immigration practice for a person
to
    > > obtain nonimmigrant status which can carry him or her through if the
I-140
    > > is denied.
 

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