140 and 1485 EAD question.

[gkjack]

My LC is approved after 18months. And my H1 6year limit is going to expire on NOV 2003. Iam from NSC center. I have following questions.

1. Should i just file 140 , 1485 concurently and EAD only.

2. Should i file 140, 1485 concurently and H1 7th year extension also.

3. If i don't file 7th year h1 extension and my EAD is not issued by NOV 2003. will i be out of status.

Please help.

 

[guju]

1 & 2 -> People usually try to stay on H1 while they have pending AOS so that if for any reason AOS is denied, they can still be on a valid status.
If you file an extention for H1 to the 7th year you will be on H1. However, I don't know how good it will do to if your AOS is denied, since you already have passed 6 years of H1, so if you want to save money on your H1 extention, you can avoid filling it and work on EAD.
Well it is your personal choice. I myself am trying to stay on H1 as long as I can.

3 -> I think, if you do not file for H1 extention, but if you have filled for AOS before your H1 expires, you will not be out of status. However, if your EAD is not issued untill Nov 2003, then you will not be able to "legally" work untill your EAD is approved.

You can try searching this and other forums to get more answers from other users.

 

[ginnu]

My LC is approved after 18months. And my H1 6year limit is going to expire on NOV 2003. I am from NSC center. I have following questions.

1. Should i just file 140, 1485 concurrently and EAD only.
--- File I-140, I-485, EAD and AP
2. Should i file 140, 1485 concurrently and H1 7th year extension also.
--- Yes you can do that
3. If i don't file 7th year h1 extension and my EAD is not issued by NOV 2003. will i be out of status.
--- You will not be out of status if you file now your I-140 and I-485, once you file I-485 and get Receipts of filling you will be in AOS status, for work you need to have EAD or valid H1. If you file I-140, I-485, EAD, AP in August you may be able to get EAD (depends on service center) if no RFE for I-140. If no RFE for I-140 you may get iEAD from local BCIS office after 90 days of filing the above but if any RFE for I-140 then they will not issue you iEAd. You can extend 7th year H1 and can file now. it is better to be on H1