Confused !!! Is this necessary to extend H1B when 485 pending?

I

IND77

Registered Users (C)
Gurus, is this necessary to extend H1B (7yrs +) when 485 pending?
I am confused. Unable to take decision. Could not find a positive answer. Please guide me. My 7th year H1B expires on April 2006, 485 pending from last one year and 140 approved. Have a valid EAD until Feb 2007 but not working using EAD.

What are risk factors involved if I donot extend H1B ?
I appreciate your time.
 
IND77 said:
Gurus, is this necessary to extend H1B (7yrs +) when 485 pending?
I am confused. Unable to take decision. Could not find a positive answer. Please guide me. My 7th year H1B expires on April 2006, 485 pending from last one year and 140 approved. Have a valid EAD until Feb 2007 but not working using EAD.

What are risk factors involved if I donot extend H1B ?
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Risk factors mostly about dependents. If you didn't file 485 for your spouse (or spouse to be :) ) you will not be able to do so because of retrogression (depending of your country of origin and EB category).
 
If your 485 is denied and you didn't extend your H1, then you will be out of status. I would just extend it.
 
seebeyond said:
If your 485 is denied and you didn't extend your H1, then you will be out of status. I would just extend it.
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Some Gurus say that in case of I-485 denial H1 would be denied too. Because it was based on pending immigration petition.
 
voldemarv said:
Some Gurus say that in case of I-485 denial H1 would be denied too. Because it was based on pending immigration petition.
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That is correct. I got the same response from others but attorney told me to go for extension . May be due to $$$$ .
 
Do continue to renew your H1-B until your I-485 gets approved. My friend, was placed on removal proceedings solely because of that. It was quickly resolved after he went through immigration court but costed him about $6000 in attorney fees. If you do not have a valid H1 at the time of adjucation, you basically are relying on the immigration officer's discretion. In most cases, the Immigration Officer approves the case ignoring that. But once in a while you get one who wants to do everything by the book and puts you through a lot of trouble.
MGM
 
(MGM: Please read the PM I just sent you)

All: I agree with MGM as it feels safer to have the visa as long as one is with the same employer. The H1 + recent paystubs could be bulk of the evidence one would need in order to establish valid employment (or that no violation of employment has occurred etc.) during an interview.

EDIT: The original post was aimed at "Gurus" and I am definitely not one. :)
 
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Take every year an extension? Forget about it

I am in similar boat and this is what i thought about extension. With the current system,it is going to take atleast 4,5 years to get the Green Card.

Instead of getting H1-B renewed,i could use the same money for EAD/AP and change employers if needed, travel without Visa Stamping.

coming to the denial part of it, as far as i am concerned,i am OK to go back if situation arises. It is a purely,individual risk.
 
kirankumarj said:
Instead of getting H1-B renewed,i could use the same money for EAD/AP and change employers if needed, travel without Visa Stamping.
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If like me - the case is stuck in a local office, perhaps for a name check etc., and the AP is still "mysteriously" pending for more than 6 months, then one would see the benefit of the H1 extension.....

coming to the denial part of it, as far as i am concerned,i am OK to go back if situation arises. It is a purely,individual risk.
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Also keep in mind, with a denial the cost could be significant - thousands of dollars in good lawyer fees etc, not to mention potential for hardships and/or suffering etc. In that case it turns out to be "Penny" wise but "Pound" foolish ... ;)

That said, I just got a three year H1B extension after my sixth year - so I am good till 2009 for now. No need to wait for EAD or be subject to the whimsical delays of local office processing etc.

Good luck !
:)
 
Hariya,
You absolutely did the right thing. Now BCIS renews H1-B beyond 6 years and also by 3 years increment. Given this situation, it is absolutely foolish not to renew the H1-B while the I-485 is pending. Most of us do not have to go through the immigration court. But in case we have to, being in status or not makes a huge differnece. If the BCIS questions the I-485 application then they will simply put the applicant in removal proceedings if that person does not have an alternate valid status like the H1-B. They may even take the person in custody if they so desire. So keeping the H1-B status is highly recommended during the adjustment of status stage. With an H1-B satus you also will not have to worry about the renewal of the EAD each year. Sometime the EAD renewal process can be complicated if you do not remember to apply for your EAD renewal at least 4 months in advance of the expiry of your current EAD. Also you will not have to worry about your Driving License renewals. A lot of states will not renew your driving license on the basis of your EAD but they will do so on the basis of a valid H1-B.
 
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MGM said:
Hariya,
You absolutely did the right thing. Now BCIS renews H1-B beyond 6 years and also by 3 years increment. Given this situation, it is absolutely foolish not to renew the H1-B while the I-485 is pending.

I didn't get this. Does this mean you can extend your H1B for 3 more years after your 6 years are over if your I-140 is approved?
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Does this mean you can extend your H1B for 3 more years after your 6 years are over if your I-140 is approved?
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I do not know the exact combo of conditions that will result in a three year (instead of one year) extension, but yes in my case the company HR/lawyer was able to obtain a 3 year extension beyond the sixth year without problems ....
 
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