Kiran Math

What happenes after I get the fedral labour clearance?

How long does it take to get a EAD card, from the point when labour
clearance is completed.

Thank you
KM

Manish

Once LC is approved your employer has to file I-140, you can file I-140, I-485 concurrently with application of EAD, AP.
EAD is approved on pending I-485. Once you file I-140, I-485, EAD AP you may get EAD in 60-90 days (depends on service center)
** It is better to be on H1 status till I-140 gets approved, because if I-140 gets denied then EAD, AP, I-485 all will be denied

Kiran Math

Manish

Thank you for a quick reply.
I have two questions for you,

1> What is AP?

2> How long does it normally take to get I-140 approved.
My H1b is valid till Oct 94. Do have to start the H1b extension
before Oct in case my I-140 is not approved. I will exhaust all my
six years of stay on H1B by Oct,will that be a problem? ( My fedral
Labour might get cleared early next month)

Thank you all the help.
With regards
Kiran

Joachim Feise

Kiran Math wrote on 1/21/2004 20:01:
    > Manish
    >
    > Thank you for a quick reply.
    > I have two questions for you,
    >
    > 1> What is AP?

Advance Parole.

    >
    > 2> How long does it normally take to get I-140 approved.

Processing times depend on your Service Center. The times are all over
the Web, usually on lawyer sites.

    > My H1b is valid till Oct 94. Do have to start the H1b extension
^^
Oct. 04, maybe?

-Joe

Manish

1> What is AP?
----- AP is advance parole a document issued to you if I-485 is pending, one can enter with valid AP document from out of US if I-485 is pending. If a person has valid Visa stamp like H1, H4 then one can use H1 or H4 valid visa to enter US or can use AP if you have approved AP in hand. AP should be applied in US and has to be approved IN US before you go out of US it is generally valid for 1 year

2> how long does it normally take to get I-140 approved.

------ I-140 at this time is taking 8-10 months and all depends on service center and I don’t know where your I-140 will be filed , it can be NSC, VSC, CSC, TSC, I-140 has to be filed by your employer and I-485 belongs to you. One can file I-140, I-485, EAD, and AP at the same time. IF LC is approved file all the petitions/applications concurrently
My H1b is valid till Oct 94.

----- Oct 94?????? I hope it is Oct 2004
Do have to start the H1b extension
---- One can file H1 extension 6 months advance of H1 expiry date,

before Oct in case my I-140 is not approved. I will exhaust all my
six years of stay on H1B by Oct,

Will that be a problem? ( My fedral
Labour might get cleared early next month)
------- Once the LC gets cleared file for I-140, I-485, EAD, AP concurrently, once I-485 is filed your status will be AOS but for work you need EAD or valid H1. If your LC gets cleared in next month then start collecting documents for I-140: educational evaluation, all degree certificates, all past exp certificates. For I-485: Birth certificates, Form G325A you have to do medicals, Photographs for I-485, EAD, AP, copies of all the passport pages and copy of I-94 (front and back) copy of all the past H1 approvals or latest H1 approval notice. Start collecting the documents immediately or ask your lawyer for the list of documents for I-140 and I-485 from your side. When you sign the Form I-485, EAD, AP check that your name, DOB, place of birth is correct on the forms (many lawyer commit the mistakes or spell the names wrong). Once the lawyer sends I-40 and I-485 petition to USCIS he will get the filing receipts in 10-15 days after filing.
** **Once you get the I-485 or I-140 filing receipts then file for 7th year H1 extension attach the copy of I-140 filing receipt or I-485 filing receipt and you will get 7th year H1 extension. Don’t use EAD till the date I-140 is not approved to be safe. If H1 6 year is going to expire October 2004 you have enough time to apply I-140, I-485 then 7th yearH1 extension

Kiran Math

Manish,

Thank you very much for the fund of information you provided.
I will be in touch with you as my case progresses.
Thank you once again



With Regards
Kiran Math
[email protected]

Kiran Math

Joachim Feise,

Thank you for the reply.

Yes I had ment 2004 .. typo... I wish it was 2094 .

Have a great day.
Kiran Math