7th year extension or new H-1

mbtech

Registered Users (C)
Gurus pls advise.

My 6th yeay of H-1 go expired on 1st Oct 2004. Currently on EAD.

After reading following extract at http://www.jackson-hertogs.com/JH/faq/3050.htm I am little concerned.

"it may be important to maintain one’s nonimmigrant status throughout the time that the I-140/I-485 petitions are pending in the event that the I-140 is denied, since the I-485 cannot stand without the underlying approved I-140 petition"

Can I still apply for H-1 visa 7th year extention or apply for new H-1 to break 1 year extention constrant as I have already completed 6 years og H1.

Secondly, I am also pursuing MS at local university. If not H-1 will it be wise to get student visa status ? Can it cause any issues with EAD/AOS ?

Please advise. Thank you
 
You can not apply for new H-1 unless you stay out of US for one year. Only option for you is to apply for 7th year extension or not to apply. I totally agree with the article about maintaining the non-immigration status until I-140 is approved.

mbtech said:
Gurus pls advise.

My 6th yeay of H-1 go expired on 1st Oct 2004. Currently on EAD.

After reading following extract at http://www.jackson-hertogs.com/JH/faq/3050.htm I am little concerned.

"it may be important to maintain one’s nonimmigrant status throughout the time that the I-140/I-485 petitions are pending in the event that the I-140 is denied, since the I-485 cannot stand without the underlying approved I-140 petition"

Can I still apply for H-1 visa 7th year extention or apply for new H-1 to break 1 year extention constrant as I have already completed 6 years og H1.

Secondly, I am also pursuing MS at local university. If not H-1 will it be wise to get student visa status ? Can it cause any issues with EAD/AOS ?

Please advise. Thank you
 
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