Ac21 And H1b Ext/trans For 3 Years

[testram2006]

Hi guys
I want to know your wisdoms in my situation.

I have my LC/140 APPROVED and 485 pending more than 180 days.my current visa expires(nearly 6 years) by jan end.

Now i am planning to use AC21 to change to other company?
I have couple of questions.

1.I am using AC21 to change to other company.

2.Also H1b transfer/extension to get 3 years(since I 150 approced and 485 pending ,according to yates memo)
is it possible? will i get 3 years extension?

3.Also still i didnt use EAD.Using AP invalidate H1B status?

Please let me know gurus.

 

[perm_lc]

Hi guys
I want to know your wisdoms in my situation.

I have my LC/140 APPROVED and 485 pending more than 180 days.my current visa expires(nearly 6 years) by jan end.

Now i am planning to use AC21 to change to other company?
I have couple of questions.

1.I am using AC21 to change to other company.

2.Also H1b transfer/extension to get 3 years(since I 150 approced and 485 pending ,according to yates memo)
is it possible? will i get 3 years extension?

3.Also still i didnt use EAD.Using AP invalidate H1B status?

Please let me know gurus.

If you have pending 485, the 3 year H1B extension (due to visa retogression) is useless, if you have already spent 6 years in H1B status. H1B extension may be a backup, if you are still within 6 year h1b limit. If you have already spent 6 years in h1b, the 3 year extension will be granted based ONLY on pending 485 due to visa number unavailability. Therefrore, if your 485 is denied for whatever reason, your h1b will be invalid. It wont protect your legal status, in case of your 485 denial. Therefore it is waste of spending money. I am also in similar situation. My 6 year h1b is expiring in Feb 2006. My 140 is approved and 485 is pending. I am not going to apply for 3 year h1b extension. I am going to use my EAD.

There is a good Q&A at OH law firm web site on this issue.

 

[testram2006]

Hi Prem_lc
Thanks for your quick reply.I understood what u said,

extending H1b visa for 3 years based on unavailability of visa number is
useless if once 485 is denied .

Ok,does the same applies to one year h1b increements based on pending LC or 140 more than 365 days?

so spending money is waste in these cases ?

Please let me know

Thank for your help .

 

[Sanan]

What is your situation - testram2006 ?
For some like me, it may be inevitable to apply for the H1 extension. As my wife is on H4 and I am affected by Retrogression.
Still waiting for a result on my H1 extension