Hello! My employer has applied for my visa amendment (since changed my client) on Nov 25th 2015. Also, has applied for my I140 on Dec 25th 2015. My priority date is May 20th 2015 (Date my labor was applied) and it got approved in Nov 2015. Neither the amendment nor the I140 status has changed. I am a little worried because by Sep 2016, my Visa is expiring and I need to apply for extension. Since both these have not come through yet, should I still go ahead and apply for Visa extension or wait? When can I expect my amendment to get approved and when for my I140?
It can take 6 months or more for the I-140 to get approved. In my opinion you can file the extension now too. You may consider upgrading to premium processing. Regardless, it is you employer's choice...
Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client.
You can use premium process for a faster decision. The employer should discuss the filing strategy with the employer's immigration attorney as it is the employer's petition and decision. The extension may be applied anytime before expiration.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
Your strategy must be tied to your employer's desire to extend your Non-immigrant status. It is usually safer to maintain your non-immigrant status at least until the I140 is approved, and even then, sometimes beyond the I140 approval until your I485 EAD is issued and at least 6 months has passed since filing the I485.
You do not do anything, unfortunately. All these petitions you talk about are the employer's filings and they (hopefully with assistance of their attorney) should have a game plan for you. the employee/ beneficiary.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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