EAD or H1b 3 Year Extension?

M

MDLaborWatch

Registered Users (C)
Guys,
I have my I 140 approved and I am in Eb2, Pd 05/2002 current except that visa is unavailable currently for Eb2. Since I have my 485 on april itself , I am not sure whether the visa unavailable will bite me or not.
But my question is, I have EAD and My lawyer advises me to apply for 3 yr extension until I receive my green card.
I just confused whether to apply for H1b extension for 3 year or start using the EAD as my current h1b expires in november??
Gurus, please suggest which is the best option ??

Thanks a bunch
 
If you are on EAD and by any chance your I140 is denied, your I485, I765 will be denied and if you did not have valid H-1B visa, you will be out of status and considered as illegal. You have to apply for H-1B to be in status in US. If already finished 6 years and will not eligible for both 3 year or 1 year extensions as your Labor or I140 is not pending any more and you are not waiting for I485 to be approved or to be applied so you cannot take advantage of AC21 also. Which makes it essiential that you be on H-1B till you get your I140 approved.
 
my I140 is approved with a pd of 11/2005 eb3. I am currently still in the 3rd year of my first H1B visa. I am told even after using up 6 years of H1 I will be able to keep extending H1B in 3 year increments since my 140 is approved already? Is this true??? Any advice will be appreciated.
 
New PERM or old I-485 ?

Hi folks - I just registered in this site.
Please read below and advise me with any info based on your experience.

I had a labor from a NJ company and had concurrent filing for I140 & I-485 in Dec'04. I Received my EAD in Jan'05 and my I140 was approved after a few days of the receipt of my EAD. After 180 days I had moved to another company based on this EAD and had moved to a different place.

I did a mistake in not updating my address immediately after my move but gave a friend's address to the post office. I did another blunder also. I hadn't registered for online updates until Dec'05 (I know it sounds terrible but it's true)..

An RFE was sent to my old address in Oct'05. Since the RFE was sent to my old address, I could not receive and could not respond to that.

So, when I looked at the updates in Dec'05, the INS had updated the site that they sent some communication and it was sent back to them in Oct'05 having received no response. My previous lawyer also did not inform me anything.
So, when I looked at the update, I called INS to resend me that RFE. But they never sent it to me. But INS had denied and closed my I485 and based on this the renewal of my EAD was also denied. Since the time to apply for an MTR has passed for the old I-485, what are the possibilities to pursue the I-485 application. Since I moved to a different company, I cannot re-apply for I-485 based on the approved I140.

My current lawyer was quick enough to apply for a H1. My lawyer is now applying for a perm. So, am I back to square 1 ?

Can any one please give me information on how to proceed ? Should I just wait for my perm to be processed or can I do anything with the old I-485 application ?

Please respond with whatever information you have.

Thanks.
 
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