Legal Question in Immigration Law in Georgia

How can I remain in the States while my Green Card is Processed ?

I came to the States in Dec 1996 and my H1 visa expires Dec 2002. I started the Green Card process in Nov 1999 and was approved in Aug 2000 at which time I changed employers. My new job is in the same job category, but I had to restart the process. My Company started the process in Apr 2001 and Labor cert was filed in Oct 2001 with the Ga DOL. I am still waiting for Labor cert approval. If Labor Cert does not get approved, and I-140/I-485 filed before the end of Dec 2002, I will have to leave the country. Is there any way that I can extend my stay until Labor cert is approved, or any way I can expedite the process. I though I would be able to apply for a seventh year citing ACT21 Section 106, but I am told that this is not possible, although I have read several opinions that the interpretation of this act is ''if Labor Cert has been pending for more than 365 days due to INS delays then the Attorney General must grant an extension in yearly increments until the Green Card is either approved or denied'' ! Is there anything I can do ? Any advice or help would be MOST appreciated. Thanks in advance.


Asked on 9/18/02, 11:47 pm

1 Answer from Attorneys
Richard Alvoid Richard Alvoid, PA

Re: How can I remain in the States while my Green Card is Processed ?

Clearly, since you are doing a Labor Cert, you must have an attorney. So you should be asking your attorney this question. Short answer is to change status to student temporarily or to take advantage of recent changes allowing concurrent filings of I-485 and I-140 after approval of Labor Cert. Best of luck but you might want to consider studying again!

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Answered on 9/19/02, 12:15 pm


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