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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 11-02-2008, 03:15 PM
Junior Member
Priority Date
I140 Mailed Date
Processing Stage
I485 Mailed Date
Join Date: Jul 2007
Posts: 3
right_boy is on a distinguished road
Default approved I140 and pending H1 extension (passed 240 days)

My priority date is Sept 2004. My 6 year H1 was over and was on yearly extension. Here is my situation.

I was arrested for Aggravated battery and hence my H1 extension which was applied on Nov 2007 was under pending state. My previous extension was requested until Nov 30 2008. I have already won the trial for aggravated battery however my wife filed the same against me and my family in my home country. My current H1 extension is still in pending state due to security clearance. When i contacted the INS and my lawyer they said that it will take it's own time for security clearance. Now what if i get lay off? Recently i got an approval for I140. I haven' applied for AOS yet. I was not on my company pay roll since July 2008 as my H1 extension was not approved and past 240 days. I am wondering how i can stay here without going out of status? I am awaiting for my H1 extension and when contacted they mentioned that i can stay here until it got any decision from INS. Please advise as i dont' want to go out of status. You can send me Private message should you want to discuss.
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