A unique case - please help

S

stranger70

Registered Users (C)
Friends,

I filed I-140/I-485 concurrently (Self-petitioned NIW) with TSC on July 2007. Case status for both apps "Received and Pending” and my current H1 expires on July 2008!

I have made the biggest mistake I did not apply for EAD. Now, I got a very tempting offer from another employer willing to transfer my H1. But the fact that I will run out of the 6-years limit make it of no value to transfer for 2 months duration. Meanwhile, I know I am eligible for a 1-year increment h1 renewal since I have a pending immigration status. The rule says I have to have an I-140 pending for 365 days or more. By the time my current visa expires, it would be exactly 365 days. My question is whether the new employer can apply for that H1 extension on my behalf instead of the meaningless 2-months transfer.

Not sure if I expressed the question correctly. Any advice guys/gals?

Thanks
 
You file for EAD immediately, by paper application (you will not need to do FP nd will save time). You will get it in 2 months. My wife got EAD in 10 days. Do not file electronic.
Abhuda
 
Thanks abhuda

Thanks abhuda so much for the quick reply but can the new employer (instead of filing for an H1 transfer) file for a 1 year extension...say next week.

S
 
Immediately apply yourseld for EAD (paper application).
When 365 day limit approaches for pending I140, applyfor H1 extension. It is risky because you will complete 356 days on the day of H1 expiry.
So EAD is best option.
 
Yes you can do it!!!

I am so tempted to reply as both of our scenarios or similar except for the EAD part which i did apply (and also the new job offer).

As abhuda says, apply fro EAD TODAY (NOW). If you need more, you can apply for recapture.

How long you have been outside US during your 6 years? You can recapture that period along with your 1 year extension with the new employer. Make sure your new job and old NIW are in sync.

Good luck.
 
- if you have time left for recapture, file premium for H-1 transfer including the time for recapture...then file for 7th yr H-1 extension...apply for EAD also in parallel
 
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