i-140 approved,i-485 not accepted

[mike93]

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 process. I-14 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,etc.) and sent it to nebrasca office nov26,2007. On Jan24,2008 Nebrasca office sent everthing 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 called and asked for guidence again and they tell him same thing. and thats it. my employer did'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 refference 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 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). what do you guys think? Mike

[daru786]

Since you are out of status, you will be unable to adjust your status. I think that the only chance you have is to marry a US Citizen and file an I-130.
Good Luck!

[txh1b]

They will accept I140 for any person that is nnot even in the country at the time. ALl through the processing of the 485, you should maintain your non-immigrant status and you did not. You are currently illegal and already have accumulated enough illegal period to qualify for a 10 year ban if you leave the country.

Talk to a good immigration attorney as you don't seem to have any knowledge of the process.