does six year clock stop if on pending 485 status

R

rks_need140

Registered Users (C)
Hi,

Had a quick question to evaluate my backup options - does the six year clock on H1 stop if one goes on 485 pending status. Does any special notificaiton be sent to the INS?

thanks
 
thanks - but some clarification

Hi Tyzh,

I think I wasn't very clear -

here is the scenario:

H1's six year ends June 2004.
Filed 485 and EAD in Dec 2002, left job and went on pending 485 status (but w/o EAD) in Jan 2003, while the 140 has not been approved. (Why leave H1 - an entrepreneurial opportunity)

If due to some reason the 140 gets rejected and the person finds a new job on H1 at the same time ( say in June 2003) will the new H1 necessairly be time limited to June 2004 or will the fact that person was not on H1 for some period (six months in this case), adds that additional six months and the maximum permissible validity becomes Dec 2004?
 
The easiest way to make it clear to INS that you are not in H-1 status would be for the employer to cancel it. As long as you have an I-94 that shows H-1 status and are working for the H-1 sponsor INS will probably consider you to be in H-1 status.
 
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