The current employer could not file for 7th year extension because there was query about the company. Planning to respond to BCIS on Jan 10, 2004.
------------ He can reply the query ,File 7th year H1when you get I-485 filing receipt just attach the I-485 filing receipt copy, the reason for this is that if your I-140 and I-485 seems to be concurrently filed and if I-140 denied then EAD, AP, I-485 all will be denied and you will have no status in US. Request your employer to file 7th year H1 extension.
Now coming to my I-485 & I-140 with the future employer :
1. I am expecting the Receipt Notice for I-485, EAD & AP in a week ( My checks were encashed by BCIS on Dec 4, 2003. )
------ Your lawyer may get receipts in 5-6 days
2. Am I going to get the EAD by Feb 15, 2004?
----------May be, nobody can give you a definite date, if Any RFE for I-140 then EAD will not be approved till they are satisfied with RFE response and you can not get iEAD from local office if any RFE on I-140.
3. Since I have my I-485 pending, I can stay in US legally without H1 ? ( Though I may not work after Jan24, 2004 till I get the EAD ).
---- You can stay legally after filing I-485 and your status will be AOS pending, for work you need H1 or EAD. If it is concurrent filing I will try to remain on H1 status till I get my I-140 approved. Filing H1 extension is safe for you and your employer.
Please read the link below:
http://www.murthy.com/ukdenial.html