485 denied and H1

[snvlns]

Hi All,

Here is my situation and I have few questions to ask...

EB3(India) , PD April 2004, I-140 Approved, I-485 filed on 19th Jul 2007.
I have EAD and AP

I have a valid EAD and I am in my 6th(my 6 year is completed in Oct 2008) year H1 is expiring on Oct 31 2008. My EAD expires in March 2009.



My questions :

If I want to renewal my H1B based on I-140 approval How many years H1 extension do I get(1 year or 3 years)?


After my H1 renewal, in case 485 gets denied. Can I stay here on my H1 till it valid(1 year or 3 years)?
Or
Do I have to leave the day my 485 gets denied?


Please help & advise anyone.
Thank you very much.

 

[ginnu]

Hi All,

Here is my situation and I have few questions to ask...

EB3(India) , PD April 2004, I-140 Approved, I-485 filed on 19th Jul 2007.
I have EAD and AP

I have a valid EAD and I am in my 6th(my 6 year is completed in Oct 2008) year H1 is expiring on Oct 31 2008. My EAD expires in March 2009.



My questions :

If I want to renewal my H1B based on I-140 approval How many years H1 extension do I get(1 year or 3 years)?


After my H1 renewal, in case 485 gets denied. Can I stay here on my H1 till it valid(1 year or 3 years)?
Or
Do I have to leave the day my 485 gets denied?


Please help & advise anyone.
Thank you very much.

To make it simple request the employer to file H1 extension now. If in future I-485 has any problem you will be having H1 as back up and can work and stay till H1 extension validity.

 

[snvlns]

1 year or 3 years?

Hi Ginnu,

If I want to renewal my H1B based on I-140 approval How many years H1 extension do I get(1 year or 3 years)? Please let me know

Thank you for your quick response.

 

[JohnThomas82]

If your I-140 remains intact, i.e., not revoked by USCIS, you will be able to get 3-years extension. If the reason for your I-485 denial was because of something that USCIS now found in I-140 to be denied, you will not get extensions. You will also be unable to get extensions if there are any inadmissible reasons, but this is a very rare scenario (depends on your particular situation).