Applying for H-1B 9th year while EAD application is pending - QUESTION

[sekarb]

Here is my situation:
I am on my 8th year extension of my H-1B based on labor certification filed in Jan 2002.
My current H-1B is expiring on Apr 2005.
My labor has already been approved and we filed the 140, 485 and advance parole in Nov 2004.
My company for some reason refuses to apply for EAD but want to renew my H-1B for 9th year.
They say I have to be on H-1B until 140 is approved.

Is it still possible to renew H-1B eventhough the labor has been approved already [I mean is the eligibility only for labor PENDING?], is there a certain criteria when the eligibility to renew the H-1B ends...like filing 140, 485 etc?

Also, I am thinking of filing for EAD [I-765] by myself just so I have some status in hand in case if there is any issue with H-1B renewal since they won't file EAD.

Will filing for EAD now affect the chance of renewing H-1B for another year? Will they reject H-1B extension since I already filed for EAD also?

In the worst case, if after my H-1B expires, I don't have EAD or a new H-1B in hand, does it mean I am out of status? Or am I in status since 485 is pending? Or am I in status only if 140 has been approved and 485 is pending.

In a related question,
What are the differences in benefits for a person whose 140 has been approved and 485 is pending as opposed to a person with both 140 and 485 are pending due to concurrent filing?

Thanks a lot for your time.

 

[sertra2002]

Here is my situation:
I am on my 8th year extension of my H-1B based on labor certification filed in Jan 2002.
My current H-1B is expiring on Apr 2005.
My labor has already been approved and we filed the 140, 485 and advance parole in Nov 2004.
My company for some reason refuses to apply for EAD but want to renew my H-1B for 9th year.
They say I have to be on H-1B until 140 is approved.

That is a wise thing to do. Many co's refuse to extend H1, saying you can use EAD. But yours is giving the right advice. Stay on H1 for as long as possible.

Is it still possible to renew H-1B eventhough the labor has been approved already [I mean is the eligibility only for labor PENDING?], is there a certain criteria when the eligibility to renew the H-1B ends...like filing 140, 485 etc?

Yes. You can extend based on pending I140/485.

Also, I am thinking of filing for EAD [I-765] by myself just so I have some status in hand in case if there is any issue with H-1B renewal since they won't file EAD.

Will filing for EAD now affect the chance of renewing H-1B for another year? Will they reject H-1B extension since I already filed for EAD also?

EAD filing and H1 are not interrelated. One will not affect the other.

In the worst case, if after my H-1B expires, I don't have EAD or a new H-1B in hand, does it mean I am out of status? Or am I in status since 485 is pending? Or am I in status only if 140 has been approved and 485 is pending.

You will be in status as your I-485 has ben filed, but if you do not have a EAD after H1 expires, you will not be legally authorized to work. So to work you need either an EAD or H1. Its always safer to have both until GC approval.

In a related question,
What are the differences in benefits for a person whose 140 has been approved and 485 is pending as opposed to a person with both 140 and 485 are pending due to concurrent filing?

The former can change employers if 6 months have passed since I-485 filing. He can use AC21.