EAD is going to expire can I apply H1-Renewal & keep working until H-1 gets renewd/ H

I

inshope

Registered Users (C)
Can I apply for H1 extension with the same employer although 485 is filed and 140 is approved but sent the renewal of EAD late. So dont know if it is going to be approved before expiration of current one. But have 2 options

1) can I apply for H-1 renewal and keep working for the same company on H-1 I have not switched to EAD so far but current H-1 going to expire in October 10th.

2) Take the chance & see if EAD would renewed before current EAd and then switch to EAD. since my 6 year going to be up by October next month.
 
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Can I apply for H1 extension with the same employer although 485 is filed and 140 is approved but sent the renewal of EAD late. So don’t know if it is going to be approved before expiration of current one. But have 2 options

1) can I apply for H-1 renewal and keep working for the same company on H-1 I have not switched to EAD so far but current H-1 going to expire in October 10th.
-------------- You can apply for H1 extension (if EAD not used), pending AOS has nothing to do with H1 extension, your H1 extension should reach BCIS before your I-94 expires, if you want to apply for H1 extension send your H1B extension papers now as you are near to expiry date
2) Take the chance & see if EAD would renewed before current EAd and then switch to EAD. Since my 6 year going to be up by October next month.
----------- You may also file for 7th year extension as you have I-485 pending. If you want to wait for renewal of EAD and if you don’t receive it go to local BCIS for iEAD after 90 days of Receipt date or take leave if you don’t get EAD renewed in hand or file for H1 extension. You need to have EAD or H1 status to work.
 
thanks ginnu

I appreciate it.

1) I have traveled on AP and got new I94 i.e. vaild until Aug 2004
2) I have not switched to EAD although I got it last Nov. since I am workign with my GC employer since from beginning. So theoratically still on H-1 i.e. gonna expire on October Ist week.
3) So you think if wait to card, I have seen on the iEAD on the main page of immgration.com that Arlington office take about a month to issue iEAD and only do it on Wednesdays. Since I ma under their jurisdiction what should be done. Just asking for your hintch & to get as many suggestions I could so that I can make up my mind.

Thanks for your time and helping on my questions.:)
 
H1 7th year extensionand and AP usage

Hi,
My I-140 got cleared and I-485 is pending. My current H1 is going to expire on 11/06/2003. My company is going to file for 7th year H1 extension soon.

1. Is it ok to go out of this country and comeback using AP with H1 extension pending? My wife and I are planning to use AP when we come back to US in Dec 2003.

2. After I come back, can I work on H1 again with 7th year extension pending or do I need to switch to EAD. I would like to retain my H1 status if possible.

3. As my wife's H4 will be expired also. I don't have any plan for her H4 extension. Can she be on AOS status while I am (primary applicant) on H1 ?
I would really appreciate your suggestions and time to answers my questions.

Thanks
 
Hi,
My I-140 got cleared and I-485 is pending. My current H1 is going to expire on 11/06/2003. My company is going to file for 7th year H1 extension soon.

1. Is it ok to go out of this country and comeback using AP with H1 extension pending? My wife and I are planning to use AP when we come back to US in Dec 2003.
--- 7th year H1 extension will NOT be abandoned only change of status is abandoned if you leave US
2. After I come back, can I work on H1 again with 7th year extension pending or do I need to switch to EAD. I would like to retain my H1 status if possible.
--- you can work on H1. the problem is if your H1 gets approved while you are out of US get your approval notice where you are and better get H1 stamp and enter with visa stamp, that is simple, if you enter with AP and your H1 is approved while you are in US then I don’t see problem because it will have newI-94 attached with extension, before you leave discuss your options with your lawyer
3. As my wife's H4 will be expired also. I don't have any plan for her H4 extension. Can she be on AOS status while I am (primary applicant) on H1?
----- I don’t know the reason you could have filed her H4 extension with your 7th year extension (did you just wanted to save$140 as BCIS fees?). If she enters on AP she will be on AOS and not on H4
 
H1 7th year extensionand and AP usage

Thanks Ginnu for answering my questions.

I am not applying for my wife's H4 extension b'cas currently she is in India and if you want to apply for extension, the I-94 is required. As she is in India, I don't have her I-94.

I will be going to India in Nov 2003 (my H1 extension will be pending) and we will be back to US together on AP in Dec 03.

Regards,
 
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