karurama said:
OM SAI RAM!
Hi Eric,
See my details below.
First H1 - Aug 2nd 1998
Six years done Aug 1st 2004
7th year extened based on pending labor. (valid upto Aug 1st) and got lay off in june 2004.But no revoke of 7th year H1
With same labor pending 7th year extended with other company. Valid upto Aug 1st 2005.
My wife details
Came on H4 in Sep 2000
Transfered H1 in Mar 1st 2001
Working with same employer since then and applied Labor dec 2002( receipt date)
Based on her labor approval concurrently applied 140 and 485 ( including me) on Sep 1st 2004 and AP and EAD approved for both of us and also for my daughter.
Her H1 is valid upto Nov 2006 .
Now my H1 is expering on aug 1st , as I came to know that I can't move to H4(any one type is valid only 6 years), I can't move to EAD as our 140 and 485 was denied.I can't extend my H1 any further as I am not a primary applicant.
Now , can you tell me what are all possibilities and how I have to handle the situation.
Do I leave the country if my wife's case is penidng upto Aug 1st.
Thanks,
Karunakar
Hi Karunakar,
This is my analysis of your situation. You have couple of ways to deal with it.
First of all, H1/H4 status can be extended beyond 6 yr limit, but there are some strings attached to it, I will explain.
Plan A: Very optimistic
Your wife applied MTR on her 140 on May 3rd. If everything is good, 140 may be approved by July 15th somewhere. Once 140 is approved and your wife's 485 is reopened, dependent 485s will also open automatically. If not then you already have the link to that thread that discuss how to call USCIS to request to reopen dependent 485 cases.
Once your 485 reopens, your EAD becomes valid and you can keep working beyond Aug 1st 2005. If required, you can also extend your EAD once 485 is reopened.
Plan B: Extend your H1
Normally, you can convert to H4 as a dependent to your wife's H1, and keep extending your H4 as long as she is on H1(also beyond 6 yr limit), but in your case, this is not going to be possible. You are already on 7th year of your H1/H4 status. Now if you convert to H4, you will need 7th year ext for that one also. The law, as per I understand it very clearly states that H4 can be extended beyond 6 year limit only if primary H1 is getting a extension beyond 6 year limit. That is not the case with you. Your wife is still in her 6 year H (H1 and H4) limit, so she cannot apply for 7th yr ext, so you cannot apply for your 7th year H4.
That said, you can still try for it and may get H4 transfer thru, but not sure. Talk to a good attorney about it.
Now back to your own H1. You are already in 7th yr ext based on LC filed by some other company. You also have the LC receipt with you as I understand. Maybe that LC is still pending. Maybe it is used for some one else, you do not know, right? So it is worth taking a chance. Yes, you can still extend it even if you are not a primary applicat on your 485. Really it has nothing to do with your pending/denied 485. I suggest that you submit a 8th year ext around July 20th based on that pending LC. It will atleast take them couple of months to get to your case. Meanwhile you can keep working based on H1 ext. filed. I do not know exact number of days, but you can work for X number of days based on H1 filed ext. This will give you more time to wait for your 485 to reopen. If H1 ext gets thru, use it. If not, atleast you kept working while it was pending. BTW, if it gets denied, you can appeal H1 8th year ext denial (and get more time). If 485 reopens by that time, use EAD.
Plan C: Nothing else works, file new 140 and 485s
If nothing else works, or lets say your MTR/appeal goes to AAO, you can file new 140 and 485s and EAD/AP. The only requirement is that the new application should not be a fraud, i.e. should not seem like you filed just to get new EAD etc. SO you have to file it with new evidence. That can be like edu eval from 2 or 3 different agencies or may be you file new transcripts from your (wife's) college/school showing the subjects etc to equate to BS in comp science or whatever else to make it different from previous 140 filing. Now they may put these applications on hold and not issue you EAD immedeately and you may not also be able to get iEAD, but this will atleast preserver your status untill they take some action on your new 485.
This is the best I can think right now. I will suggest you post your question and may be these replies also in the 'H1 6 yr expiring' subforum and you will get answers from a much wider userbase.
Let us know if you have any more questions.
Best of luck!
