Completing 6 yrs on H1B

S

san_gcwait

Registered Users (C)
Hi,
I'd appreciate if someone can suggest if I should apply for an H1B extension or use my EAD.

My H1B is expiring in the 1st week of Feb 2004. I do have an EAD which is good till 09/04. I'll be completing my 6 yrs on H1B in July 04 so should I use my EAD after 1st week of Feb 04 or file for H1B extension, please advice. And If I should apply for an extension how soon do you think I should apply for that.

Please respond since my H1B is expiring in 1st week of Feb so in case I've to file extension I should do it asap.

Thanks

RD 04/03
WAC 02 173 ******
 
As I understand, you can extend H1b over 6 years only if your 140 is still pending, otherwise, just go with renewing EAD.
 
Similar question, This is for a friend.

Can H1 be extended year over year if your labor is still being processed for more than a year.
 
killerboy answer is no. Beyond 6 years it can only be extended if I140 is pending not labor
 
not true, soumy

if labor is pending fo rmor ethen one year you can get H1 extended beyond 6 years. One of my freind has done it.
 
Re: not true, soumy

Originally posted by brokenarrow
if labor is pending fo rmor ethen one year you can get H1 extended beyond 6 years. One of my freind has done it.
Click to expand...
YUP! Change in law last year! If you file for LC and it is being processed you can file for extension of H1!
 
Since my I-140 and labour both are already approved so it seems like I cannot file for extension since I'm waiting for I-485 approval, right?
 
taken from http://www.shusterman.com/may02.html :

H-1B Extensions After Six Years - INS Adopts An "Alien-Based" Interpretation of AC-21 - AC-21, the H-1B law enacted in October 2000, provides that persons be granted H-1B extensions in excess of six years if (1) they had an application for alien labor certification or an employment-based immigrant visa petition pending for over one year; and (2) in the case of a labor certification, an employment-based immigrant visa petition has been filed on their behalf.
Sounds good, but there is "a fly in the ointment" - what about persons whose employers can not submit an EB visa petition solely because the labor certification remains pending? Are they out of luck?

We have submitted self-petitions where our clients are eligible (e.g., NIWs, Extraordinary Ability, Outstanding Professors and Researchers, Multinational Executives and Managers, etc.) in order to satisfy the petition requirement for a 7th year H-1B extension. However, there has never been explicit recognition by the INS that the visa petition need not relate to the pending labor certification, until now...

On April 24, 2002, the INS adopted an "alien-based" approach to AC-21 similar to the agency's approach to §245i eligibility. Kudos to attorney Naomi Schorr for raising the issue!

See her letter and INS's response on our "H-1B Visa" page at


http://shusterman.com/toc-h1b.html#1

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My thought: approval of 140 means petitioner is granted EB immigrant visa, so, why apply for extension of non-immigrant h1b visa?
 
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