140 cleared, H1B-6 years completing..Still need to apply for 7 th year?

[teddy_taurus]

Hi Gurus,

This is my cousin case:

PD - Labor - 2/2003 - EB3 (India)
ND - I140/485/AP/EAD - 11/28/2004
AD - EAD/AP - 1/15/05
AD - I140 - 2/22/2005
FP - 4/26/2005 - scheduled

Kids (< 15 years) are coming to US on 04/15/05 and will apply for 485/AP etc.
1) Primary 6 years H1B is expiring on 04/30/05. Does he still need to apply for 7 th year H1B extension? If he not, what will his & family members status if his 485 gets rejected?

2) If he did not apply for 7th year H1B, Can kids travel between India/US with the AP till their 485 gets cleared? Trick here is: they don't get EAD (not eligible, minors, i guess) and H1B stamp on their Passport gets expired.

Thanks in advance,
-Teddy.

 

[jd imm]

Hi Gurus,

Kids (< 15 years) are coming to US on 04/15/05 and will apply for 485/AP etc.
1) Primary 6 years H1B is expiring on 04/30/05. Does he still need to apply for 7 th year H1B extension? If he not, what will his & family members status if his 485 gets rejected?

2) If he did not apply for 7th year H1B, Can kids travel between India/US with the AP till their 485 gets cleared? Trick here is: they don't get EAD (not eligible, minors, i guess) and H1B stamp on their Passport gets expired.

-Teddy.

1. Applying 7th year is up to him I guess, its the safe way. If he does not apply for extension and for some reason his 485 gets denied, then the AP and EAD becomes invalid (in theory) so his(and his dependents) status at that time might be questionable but if he has H1 and his dependents have H4 then its ok.
2. Yes. they can use AP for travel.