Need some advise

[mike93 0]

Hi,

here is my case. I came here on a J-1 visa in 05/2006 that expired 10/2007(i-94 is D/S).

My Employer asked if I want to stay and started GC Prossess. I-140 was approved with receipt date april2007,priority date march27,2007 and notice date Nov15,2007.

So my employer called uscis to ask for guidence and was tolt to file I-485. We got everything together(medical,fee,ect.) and sent it to Nebrasca office nov26,2007.

On jan24,2008 Nebrasca office sent everything back with letter that priority date is not current and they can not accept i-485 application and that I have to reapply when pd is, but they will accept i-140 for processing.

so my employer calls and asks for guidence again and they tell him same thing.

And thats it. My employer didn't file for different visa. They never tolt him I have to leave or stop working. He tried to call them (after I was to worried) and all they gave him were reference numbers. they never called back. I moved two times since then with AR-11 both confirmed. I should be out of status,right? I heard a lot of different things by now. from they will deport me when pd is current and I reapply and say thank you for taxmoney,they made mistake by accepting i-140 after 10/2007 to case is still pending because they did not denie I-485 they didn't accept it(what is different). Who can help? Mike

[YuAndDan 153]

Contact an immigrations lawyer, this sounds like an overstay beyond 1 year which results in a 10 year bar on re-entry, you are out of status.

[JimVaPhuong 4,863]

If your priority date still isn't current then I'm guessing your I-140 category was EB3. That would be consistent with a J-1 category with a maximum authorized stay of 18 months, which seems to agree with what you've posted. Unless you're still working for the same employer and he's extended your J-1 status a few times, then you're out of status.

An approved I-140 doesn't grant you an lawful status. It just makes an immigrant visa number available to you when your priority date becomes current. In order to adjust status and get a green card you need an available immigrant visa number AND you need to have maintained your non-immigrant status. You didn't maintain your non-immigrant status, so you can't apply for a green card, even when your priority date becomes current.

Presuming the above is all true, you could be deported anytime. You're currently living and working in the US illegally. You have an overstay of more than one year, so you face a 10 year ban when you leave.