6 yrs end oct;H1 until sep;Dont want to use EAD

[psinghal]

Hi all.

I appreciate everyone's help rendered to the community.

Facts

1. Arrived in USA first on OCT 24, 1998
2. 6 yrs expire on OCT 23, 2004
3. H1-B approval until SEPT 30 2004 (23 days less than 6 yrs)
4. Labor and I-140 Approved - Labor filed in July 2003
5. I-485 Pending for just over 6 months
6. EAD/AP Approved.
7. 7th yr H1B extension pending. Filed regular (not Premium) with Receipt Date 7/27/2004


Concern –

Since my current H1-B approval ends at the end of September and 7th year extension has been filed, I am confused what my status would be. I DO NOT WANT TO BE ON EAD – I want to stay H1-B as long as possible. If my 7th yr extension is still pending (but not rejected) at the end of this month, would I automatically roll into the EAD status even if 7th yr extension is still pending? OR would I remain on H1B status since the application is still pending? As I said, I do not want to be on EAD. What does the law state?

Someone suggested upgrading my application to premium so I have approval in hand before Sept ends. Is that necessary? What are my options?

Thanks in advance to all responders.

psinghal

 

[ginnu]

Hi all.

I appreciate everyone's help rendered to the community.

Facts

1. Arrived in USA first on OCT 24, 1998
2. 6 yrs expire on OCT 23, 2004
3. H1-B approval until SEPT 30 2004 (23 days less than 6 yrs)
4. Labor and I-140 Approved - Labor filed in July 2003
5. I-485 Pending for just over 6 months
6. EAD/AP Approved.
7. 7th yr H1B extension pending. Filed regular (not Premium) with Receipt Date 7/27/2004


Concern –

Since my current H1-B approval ends at the end of September and 7th year extension has been filed, I am confused what my status would be.
---- you have filled 7th year H1 extension and I hope you got H1 extension filing reciept and you will get 7th year H1 extension approved on the base of pending I-485, you are on H1 status if H1 extension was filed before I-94 expiry date

I DO NOT WANT TO BE ON EAD – I want to stay H1-B as long as possible. If my 7th yr extension is still pending (but not rejected) at the end of this month, would I automatically roll into the EAD status even if 7th yr extension is still pending?
--- your 7th year H1 extension is fliied and you are on H1 status, you will NOT automaticaly rool into EAD, you have the option to be on H1 or EAD if you fill up new form I-9 with employer and use EAD then only you will be on EAD
OR would I remain on H1B status since the application is still pending?
--YES
As I said, I do not want to be on EAD. What does the law state?
--- you are on H1
Someone suggested upgrading my application to premium so I have approval in hand before Sept ends. Is that necessary? What are my options?
---- your is 7th year H1 extension and you are NOT subject to CAP, no need for premium processing
Thanks in advance to all responders.

psinghal

 

[psinghal]

ginnu -
Thank you for your feedback. I am convinced - I asked a lawyer and he confirmed the same. Thanks for your feedback
Psinghal