Pending name check, Should I extend H1B?

[lisa_simpson]

Hi everyone,

My application is pending name check ; I have not got EAD yet, but am planning to get an iEAD through InfoPass next week. Currently I am working and on my first 3 years of H1B, but my current H1B is expiring this November. Now given my current situation, I am not sure whether or not I should extend H1B ...

Could anyone who has/had similar experiences share opinions/suggestions with me? Should I extend my H1B just in case (even though I can obtain an iEAD next week)?

Thank you very much in advance!

[EricNeesGC]

Originally Posted by lisa_simpson

Hi everyone,

My application is pending name check ; I have not got EAD yet, but am planning to get an iEAD through InfoPass next week. Currently I am working and on my first 3 years of H1B, but my current H1B is expiring this November. Now given my current situation, I am not sure whether or not I should extend H1B ...

Could anyone who has/had similar experiences share opinions/suggestions with me? Should I extend my H1B just in case (even though I can obtain an iEAD next week)?

Thank you very much in advance!

If you are renewing H1B anyways, i would suggest to go for an EAD instead because it is more flexible than H-1B and also cheaper. However, if you doubt that your application will be rejected, my suggestion would be to stay on H-1.

Again the choice is yours...

[mthakkar]

As a Just in case backup option, I think keeping H-1B would be really good idea. Just in case...

[GotPR?]

Originally Posted by mthakkar

As a Just in case backup option, I think keeping H-1B would be really good idea. Just in case...

I agree. Whatever unreasonable cause I485 got rejected, it makes it difficult to appeal without being in status.

[mrs_s]

I would recommend getting an infopass appointment asap to get your EAD, since you will be eligible to do so based on filing your I-765 on 5/30.

If for some reason you don't get the EAD, file for an H-1B extension. As long as the extension is filed before the expiration date on your visa or I-797, you can continue to work.

Just for reference, my H-1B extension was filed July 7, and approved 9/1. In the mean time, I filed for AOS July 11, and got my EAD a few days ago.

Good luck!

[lisa_simpson]

I have an InfoPass scheduled for next week - hope to get an interim EAD then.
In the mean time, I will try to have my company help with H1B extension...

[chicagolady]

mrs_s,

Just curious. How long you have been on H1-B. Was your extension after 3 years OR 6 years? Do you have H1 stamp or on I-94?

The thing is, I will file for my extension (3 years on H1). I am skepticle that they may not approve since I transfered from B1 to H1 and I am here on I-94. Didn't go to home county since H1.

Any suggestion?

Originally Posted by mrs_s

I would recommend getting an infopass appointment asap to get your EAD, since you will be eligible to do so based on filing your I-765 on 5/30.

If for some reason you don't get the EAD, file for an H-1B extension. As long as the extension is filed before the expiration date on your visa or I-797, you can continue to work.

Just for reference, my H-1B extension was filed July 7, and approved 9/1. In the mean time, I filed for AOS July 11, and got my EAD a few days ago.

Good luck!

[GotPR?]

Originally Posted by chicagolady

The thing is, I will file for my extension (3 years on H1). I am skepticle that they may not approve since I transfered from B1 to H1 and I am here on I-94. Didn't go to home county since H1.

Whether having H1 stamp or not won't affect your extension. Unless USCIS considers you are out of status now, they will attach I-94 with your extension.

[chicagolady]

Thanks GotPR. Your comment made me relieved.

Originally Posted by GotPR?

Whether having H1 stamp or not won't affect your extension. Unless USCIS considers you are out of status now, they will attach I-94 with your extension.

[mrs_s]

Chicagolady,

Here's my U.S. visa history:
Entered the US in Aug 1999 on an F-1
In June 2003 received OPT
In Oct 2003, applied for H-1B status (less than a year on OPT because of the reduced cap)
In December 2004 got an H-1B visa when I went home
In July 2006 applied for an H-1B transfer and extension
In Sept 2006, H-1B tranfer and extension approved

I believe (and this is just my opinion) that as long as you have been in status, and are qualified for your job, an extension should not be a problem.

Also, I think that if your job responsibilities have changed since the original filing, the extension application should indicate that in some way. The best way to find out is to check with a good immigration attorney, specializing in employment immigration.

I hope this helps you and good luck!

Mrs_S