My facts:
I am an Indian
1. Six years of H1 status expires on 30 Sept 2007
2. Applied privately for I140 EB1 on 26 Sept 2006. No labor clearance applied for , as not applicable for EB1
3. I140/EB1 approved June 22, 2007
4. Applied privately through lawyer for AoS/EAD/AP on August 14 2007.
Question:
My employers wish to apply on my behalf for 7th year H1 extension (and H4 for my kids), so that I can continue working after 30 Sept, 2007 (as it is unlikely that EAD will be approved before sept 30). Is there a rule that says I have to wait 365 days after I applied for EB1 I140? Does that mean I cannot apply for 7th year extension till 27th Sept 2007? That will be cutting it too close to my H1 expiry date?
On the other hand, does a mere application for EAD (after approved I140) constitute valid grounds for working legally?
thanks
Saksena
I am an Indian
1. Six years of H1 status expires on 30 Sept 2007
2. Applied privately for I140 EB1 on 26 Sept 2006. No labor clearance applied for , as not applicable for EB1
3. I140/EB1 approved June 22, 2007
4. Applied privately through lawyer for AoS/EAD/AP on August 14 2007.
Question:
My employers wish to apply on my behalf for 7th year H1 extension (and H4 for my kids), so that I can continue working after 30 Sept, 2007 (as it is unlikely that EAD will be approved before sept 30). Is there a rule that says I have to wait 365 days after I applied for EB1 I140? Does that mean I cannot apply for 7th year extension till 27th Sept 2007? That will be cutting it too close to my H1 expiry date?
On the other hand, does a mere application for EAD (after approved I140) constitute valid grounds for working legally?
thanks
Saksena