employer insisting on using ead not h1b

[aguy]

Hi,

I finished my six years of h1b on Aug 30, 2008. I concurrently filed my I-140 under NIW on July 26, 2007. My last H1B renewal petition was filed on June 30, 2008 for a 1-year extension. The USCIS has approved the H1B extension, but now my employer is saying that I am not eligible to using it.

My employer is saying that since the extension was filed less than 365 days before the receipt of I140, I am not eligible for a 7th year of H1B. This is after USCIS has approved the extension!!! They are saying that I am out of status and want me to apply for EAD.

How can I convince them that the 365 day rule applies from the Aug 30, 2008 not the filing of I140. Please help me present my case out of this insanity.

Thanks.

 

[HelpingHand]

Hi,

I finished my six years of h1b on Aug 30, 2008. I concurrently filed my I-140 under NIW on July 26, 2007. My last H1B renewal petition was filed on June 30, 2008 for a 1-year extension. The USCIS has approved the H1B extension, but now my employer is saying that I am not eligible to using it.

My employer is saying that since the extension was filed less than 365 days before the receipt of I140, I am not eligible for a 7th year of H1B. This is after USCIS has approved the extension!!! They are saying that I am out of status and want me to apply for EAD.

How can I convince them that the 365 day rule applies from the Aug 30, 2008 not the filing of I140. Please help me present my case out of this insanity.

Thanks.

It is possible to take 1 year extension before 365 days of I-140. The answer is already posted in another thread a few days back. See this link

--HH

 

[NIW_help]

Hi,

I finished my six years of h1b on Aug 30, 2008. I concurrently filed my I-140 under NIW on July 26, 2007. My last H1B renewal petition was filed on June 30, 2008 for a 1-year extension. The USCIS has approved the H1B extension, but now my employer is saying that I am not eligible to using it.

My employer is saying that since the extension was filed less than 365 days before the receipt of I140, I am not eligible for a 7th year of H1B. This is after USCIS has approved the extension!!! They are saying that I am out of status and want me to apply for EAD.

How can I convince them that the 365 day rule applies from the Aug 30, 2008 not the filing of I140. Please help me present my case out of this insanity.

Thanks.

See the time line

Filed I-140 26-July 2007
Filed H1B extension 30-June 2008

H1B expired 30-Aug 2008

you should have waited for 365 days to apply for your H1B extension. If you have filed your H1B under premium processing then you should be fine.
Rule says you have to file your extension before the expiration of your visa. It does not require you to get your extension approved before your visa expiration. they give you 240 days to get your case approved.

you are eligible for extension. there is no doubt. if they are not listening then ask them to read the article that is posted in the other thread.
but if they think they are doing some thing illegal then let them know they are not.

 

[llp1]

I had a similar thing with my HR people: They forced me to use EAD after my I-140 got approved, while I insisted on using my H1B, which was in the fourth year of the H.

After I did some research (read the threads) and got some words (emails) from my lawyer, I was very confident of myself. I asked the HR people to provide me the written regulations to convince me to use my EAD.
Of course, they couldn't find any such written regulations. So they gave up, and agreed to allow me to continue my H1B.

The point is, when you ask them to provide the written lines, they have to study for this matter. When they really study it, they realize that they interpreted it wrongly.