I-485 and working visa after I-140 approval

[mcyt 0]

Hi, I am currently residing in US with my husband. Recently, my husband's I-140 was denied. His 6 year H1B is expiring in the middle of next year. His employer is in the process of appealing the denied I-140. I have some specific questions about our possible options.

- How long does an appeal takes?

- Can he extend H1B? If not, what are his options? If his employer is willing, does he have to go out of the country or can he stay in US under a visitor's visa or other non-working visa (TD as an example) until the same employer hire him back on a H1B again a year or more later?

About myself, I am finishing a nursing school later this year to become a registered nurse. If my potential employer is willing to sponsor me for I-140 and I-485 later,

- can I able to work after my I-140 is approved? Or do I need to have a working visa (TN or H1B?) to work?

- If my I-140 is approved, am I able to file I-485 immediately? Or do I have to wait until a specific time?

Your answers will assist me with our future planning in US.

[aayitrun 66]

He has to leave the country when 6 years are up if there is no GC process ongoing. I am pretty sure if his appeal is underway he can extend. Confirm with the employers lawyers.

Appeals can take anywhere from a few months to years.

If your employer simply files your 140, it is going to take a while because firstly they will need labor certification. you cannot work until you have atleast an EAD and based on stuff, that could take years. You will need other means of working like an h-1b.

Check your country's priority dates. If it is current, then you can file 485 immediately when 140 is approved. Countries like india and china have very long waiting lists. a few years that is. this also depends on the what preference the 140 is filed under. eb2 queues are shorter than eb3.

[Boiler 46,415]

Look up Nurse Visa Retrogression