EAD and H1B 6 years limit

S

sam_vyas

Registered Users (C)
Hi,

I have I-140 cleared from previous employer in year 2000 and I wish to join them back and resume my GC. I can directly file for I-485.

My 6 years of H1B cap is getting over soon, in mid-March of 2005. But I have about 4 months of vacaction time in 6 years, which I can add to transferred H1. ( so it would be till July 2005)

If by any chance, INS has RFEs for I-485 and I do not receive EAD by end of new valid H1 time-limit, does it create problems ? What should be done in that case ?

Any other issues to be aware about ?

I want to decide soon. So any inputs would be greatly appreciated.

Thanks much,
Samir
 
Thanks TheRealCanadian.
Can I file for 7th Year extension when I join my previous employer, who would file I-485 for me. I got I-140 in 2001 and then left company.

so question is, does 7th year extension rule also applies to such cases ?
If you know, please, let me know.

Thanks,
Samir
 
sam_vyas said:
so question is, does 7th year extension rule also applies to such cases ?
Click to expand...

You have a pending GC application that has been in process for >365 days. Therefore, you are eligible for a 7th year H.
 
sam_vyas said:
Hi,

I have I-140 cleared from previous employer in year 2000 and I wish to join them back and resume my GC. I can directly file for I-485.

My 6 years of H1B cap is getting over soon, in mid-March of 2005. But I have about 4 months of vacaction time in 6 years, which I can add to transferred H1. ( so it would be till July 2005)

If by any chance, INS has RFEs for I-485 and I do not receive EAD by end of new valid H1 time-limit, does it create problems ? What should be done in that case ?

Any other issues to be aware about ?

I want to decide soon. So any inputs would be greatly appreciated.

Thanks much,
Samir
Click to expand...
You would have to make sure that the previous employer has not used the approved labor for another employee. (labor substitution)

Since it was 2000, your PD should be OK -that's good 'cuz you can file 485 then.
 
Thank you max2k1 and TheRealCanadian.

Yes, my labour has not been used so I should be able to use it.

Thanks,
Samir
 
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