tahx to all for ur good suggestions
Hi,
Is the H1 completing 5 years or 6 years? Your post was not clear. Anyway, here is my opinion and what I have decided upon in April this year when I encountered similar situation. If full 6 year period on H1 is ending then switching to EAD would be the right thing cost wise, if you have to pay for it. But make sure you have advance parol also applied/approved because both of you will loose visa status and fall under AOS. But if the H1 period is completing 5 years and not 6 years, then it is upto you to decide what to choose. Denail of 485 should have a strong reason, at teh least you may get any RFEs if any documentation is missing.
In my case I didnot go for 7th yr extension and used my EAD, luckily in May 2005 I got approval. If I had applied for 7th yr H1 I would have lost $3000/-. Make sure you always have valid EADs and APs if you dont use H1/H4.
Also, it is my understanding that 7th year H1 extension is based on the pending 485 status or pending labour more than 365 days. If in case your 485 got denied, it is no more pending since a decision was taken by USCIS, in that case I dont know if H1 extension stays valid, it will be waste of money.
My attorney warned me that there is a risk in case of 485 denial and not having H1 but I thought a lot and ingored their warning because of the above reason.
ANyways play a safe game and do whatever works better for you. I would appreciate if you post the case details in your signature to know more because people like me are spending some time to share some information.
Goodluck.
Quote:
hi ,
thanx to the reply. our h-1 is completing 5 years and still there is 1 year 4 months for the 6 th year . and the extension is for 6 th year.and here r our details we r having ead and aps also.ok plzzz suggest.
EB3 PD---aug 2003
I140/I131/I485----RD-30/12/2004
ND------19/01/2005[
EAD-AD----- 16/02/2004
I-131 AD-----25/02/05 [ for me ]
I-131 AD-----------03/30/05 [ for my husband]
I-140 AD---------I-140 AD- 02/25/05.
FP DONE BOTH--------26/02/2005
4LUD S ON FP--MSG CHANGED TO FP received------- 03/9/05.
i-485----