140 and 1485 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.

 

[TheRealCanadian]

Originally posted by gkjack
1. Should i just file 140 , 1485 concurently and EAD only.

If you believe that your EAD will arrive before your H-1B expires, go ahead. If this is your 2nd renewal with the same employer, you won't pay the $1000 fee. If not, there's an extra $1000 fee attached, which makes the 7th year H-1 less desirable.

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 remain in status because of your filed I-485. You will not be able to work. Once you're an adjustee, your legal status and ability to work are no longer one and the same like they were in your H-1B days.