do I need H1 extension??

V

vparmar74

Registered Users (C)
Hello,

My husband is completing 6 yrs. on his H1 visa in apr'2004. He has applied for I-485 in feb'2003. We need to travel out of USA in the month of april.
1. What do we need for re-entry into US?

2. Does his employer need to file for H1-b extension or he can come back using advance parole(by that time his h1-b period will be over).

3.If employer doesn't file for H1-b extension then can he use EAD to continue his employment?

monu
 
Your husband can get his company to apply for a 7th year H1 extension (under AC21) and travel on that (no 8th year though).

Yes he could apply for EAD and AP. Touch and go for AP to come through by April if not already applied for (it is taking 150 - 180 days in the CSC). Next year he will have to apply for EAD for working, AP for travel outside the US (assuming no GC by then).
 
1. It is advisible to apply for an Advanced Parole document ASAP! It takes about 5 months to get an AP these days so the sooner you apply the better. (AP is also the preferred mode of entry into the US due to its simplicity).

2. Not so sure your husband can qualify for an extension to H1 if his 140 has been approved. H1 extension (if I am not mistaken) is given only if pending 140/LC. Once 140 is approved and 485 is applied for, the applicant moves into adjustee status, and requires to apply for an EAD to work.

3. Most definitely, he can use his EAD to work, remember, an EAD expires every year, and you should apply atleast 3 if not 5 months before the expiry of current EAD to continue on the payroll and receive pay checks.

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If you haven't done so already, please consider joining us in our fight for speedier approvals. All you need to do is send out a couple of faxes, to your congressman to join our voices in calling for faster processing of 485's. This campaign is already producing results, that are tangible and recorded in some of the other threads on this forum. Please help in helping yourself out of this misery. Support the FAX CAMPAIGN. (The link is available at the bottom of this post in my signature).
 
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