Complicated Situation ????

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BondGC

Registered Users (C)
One of my friend is in Complicated situation ... help please ?? any one in similar situation ?

Here is the current situation:

1. Labor substitute, applied 485 & 140 concurrent file on September 5th,
Did not apply for h1 7th year extension.

2. He sent old photo style (side photos) to INS, he didn't know about the photo style changes. Would they consider ?? if not when they will send RFE ?

3. H1-B is going to expire in 10 days.

He got EAC number for EAD and 485, If he does n't get EAD approval in 10 days. what is his status ?

can he stay or work legally on EAD eac number ? he can't get i-ead because
its not completed 90 days.

any ideas in this situation ???????

Thanks in Advance.
 
I would suggest your friend to apply for the 7th year extension based on the pending I-140/I-485 which will be safe ( very safe ) in case I-140 is denied. Premium processing would be even better.

Even though his H1-B expires he is in status. His current status will be AOS. But he may have to get a AP to travel.

If he has dependents then he will have to take care such that they won't be out of status............
 
After H1B expires, till EAD card is received or iEAD is given, he cannot work. Also, labor substitution cases can get complex, I strongly agree with Hathwar that your friend should apply for 7th year H1B (based on the fact that substituted LC is more than a year old) ASAP using premium processing. Even that may not come through in 10 days, so your friend may have to take a week or so off while waiting for H1B approval to come through. Also, repeating what Hathwar said, remember to include dependents H4 for extension while applying for H1 extension.

~T
 
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I too agree that it is better to file H1 extension asap.

Once the H1 extension is applied for, he can continue to work based on pending H1 approval... he does not have to wait for approval by taking a break.
 
He is still working with h1 sponsoring compnay ...

but thier lawyer said that there is less chance to get 7th year extension with substitute labor .. might not one year old. that's why he did not try for h1 ext.

Thank you for your time and replies.
 
Can anyone tell me about this situation?

If husband and wife are on H1 and H4 and husband works for Company A. He applied 140/485/AP/EAD. Both of them get the receipt notices for everything, and get their EAD's but none is working on EAD.

Now husband changes the job and does a H1 transfer to Company B, but didnt apply for H4 transfer, but she hasnt started working on EAD also till date. They have their 140 approved now and 485 pending more than a year and are in AOS.

Is that a problem for not filing H4?

Any ideas?
 
BondGC said:
One of my friend is in Complicated situation ... help please ?? any one in similar situation ?

Here is the current situation:

1. Labor substitute, applied 485 & 140 concurrent file on September 5th,
Did not apply for h1 7th year extension.

2. He sent old photo style (side photos) to INS, he didn't know about the photo style changes. Would they consider ?? if not when they will send RFE ?
Yes they might sent raise an RFE.

3. H1-B is going to expire in 10 days.

He got EAC number for EAD and 485, If he does n't get EAD approval in 10 days. what is his status ?

He is 'in' status, but cannot work.

can he stay or work legally on EAD eac number ? he can't get i-ead because
its not completed 90 days.
I know a couple of persons in similar situation. Ask ur friend to take all his papers including H1B and get an appointment at the local office. Explain the immigration officer about his state and try to get an IEAD. Sometimes if your friend is lucky s/he might get an IEAD or if he is lucky enuf, they might get the EAD approved in 10 days.

hth
dyno


any ideas in this situation ???????

Thanks in Advance.
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