You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
7th year extension?
- Thread starter jbond
- Start date
jbond said:I filed labor in Feb'04, now have my labor approved and EAD. 140/485 concurrently filed. Do I need to file 7th yr ext. My present H1B (6yrs) valid till Mar'06. If yes, when should I file?
If you were reaching 6 year limit then in my opinion, yes, you should file 7th year extension. Especially as 140 is not approved yet.
But you still have over a year left untill your 6 year limit, you should probably wait till Jan 06 and then decide. If still 140 not approved (very less chances), then file 7th year.
As soon as you file 485, you do not need H1B, but if you want you can be on H1B untill your 485 is approved. So, for the time between applying for 485 and approval of 485, you have a choice to be in H1 or not. Once you get on to EAD and something goes wrong with 140/485, it is very difficult to switch back to H1. So you may fall in any one of the following:jbond said:Thanks Eric! are you saying after 140 approval their is no need of H1 extension? Why? 485 still pending?
Case 1> If some one is too confident that his/her 140 485 will not have any problems, they can switch to EAD as soon as they get it.
Case 2> If one is expecting a problem with 140/485 like Ability to pay or education evaluation mismatch in case of sub labor etc., s/he can stay on H1 untill 140 is approved. Please note that issues mentioned, A2P and Edu Eval are related to 140.
Case 3> If one is not ready to take any kind of chances. In case there is a problem with 140/485 and s/he is still on H1, you do not go out of status and it is easier to switch employer and start over the GC again if required.
You can take your pick.