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Posted on 05 Jul 2010
Q.

Can I apply for I-485 myself once my I-140 is approved?

Hi Ms. Chatham,

My LC was approved on Apr10. My home country's number is current, so we could file I140 and I485 together. But employer didn't want to file I485 since the prevailing wage in LC was 15% higher than my current pay. They filed I140 in Jun10 but did not give date for I485.

Can I file I485 myself (through my lawyer) without letting my company know? If yes, do I have to wait for I140 to be approved and are there any risks? If I cannot file myself, H1B expires on Mar11. Once I140 is approved and H1B extended another 3 years, can I change employers and be able to use that 3 years extension? I don't care if GC process is wasted at that point. If I could use 3 years extension with another company, I could start GC process with them from the beginning.
Thanks for your help.

User's Location: Fairfax, Virginia, United States of America
Category: Employment-based Green Card
Posted on 06 Jul 2010
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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