I140 pending for more than 2 years - job issues and husband's status

[sangrao78]

Hi Guys,

My I-140 was applied on Nov 2006 under EB2 category at NSC. It got stuck in security check and it is still pending (more than 2 years and 3 months). So, we don't know when I would receive the approval.

I also applied for I-485 on July 2007. So, myself and my husband got our EADs and APs. I still maintain H1 status and my husband is working on EAD.

Now that my current job is not stable, I don't know what would happen to my GC processing. Can I get new job even if my I-140 is pending? What would happen to my husband's status if I loose job?

What would be our options? Please advise.

-- Swetha

[DMX17]

I don't usually try to answer on matters like this...but here I go..

For AC21 protability with pending I-485 for more than 180 days, your I-140 has to be approved, AFAIK. For this option, you will need an approved I-140.

Now for extending H1 status using a labor certificate filed 365 days prior to I-129 filing for H1 with ANOTHER employer... If you lose your job, I would think that means the GC position based on which the PERM/Labor was filed does not exist any more technically. I think this means no more extension based on Labor application.

But like I said, please do not trust my opinion here and see what others have to say.