Expired H1 Extn beyond 6 year on AC21 & as per Dec06 Aytes Memo

[njimmi]

Hello Gurus,

I was on H1 for 7 years. My previous H1 is expired in Dec 05. My 140 is approved in 2005. My I-485 was applied in 2005. Based on AC21 (as it's been 2 years since my I 485 is filed), I am currently working on EAD with company B.
My priority date is April, 2002 on EB3.

I am not married yet.

As per the new Michael Aytes memo on Dec 5, 2006,
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

1) Can I apply for a new H1 with company B or company C, without getting into H-1B Quota issues, beyond 6 year maximum.

2) Once H1 is approved, can I bring my spouse from India on H4, without affecting my Green Card process? And can later join her into my I-485 application once the priority date is moved.

3) Are there any precautions I have to take with out getting into any RFEs?

Thank you a lot in advance
NJImmi.

 

[baby_mde]

Hello Gurus,

I was on H1 for 7 years. My previous H1 is expired in Dec 05. My 140 is approved in 2005. My I-485 was applied in 2005. Based on AC21 (as it's been 2 years since my I 485 is filed), I am currently working on EAD with company B.
My priority date is April, 2002 on EB3.

I am not married yet.

As per the new Michael Aytes memo on Dec 5, 2006,
http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf

1) Can I apply for a new H1 with company B or company C, without getting into H-1B Quota issues, beyond 6 year maximum.

2) Once H1 is approved, can I bring my spouse from India on H4, without affecting my Green Card process? And can later join her into my I-485 application once the priority date is moved.

3) Are there any precautions I have to take with out getting into any RFEs?

Thank you a lot in advance
NJImmi.

Because you are using EAD your status is AOS not H1B. You can still apply for H1 and get approved, but you do not get I-94 with your H1 approval. After H1B approval, you have to leave the country, get VISA stamp in abroad and enter into US. Then you have been given I-94 card at the port of entry.

This has been discussed in this forum. If I were I would not apply H1.

 

[Hariya]

...I was on H1 for 7 years. My previous H1 is expired in Dec 05.

and

....I am currently working on EAD with company B.
NJImmi.

If the H1 status is allowed to expire without "timely" renewal, regardless of the 6 year limit, it is lost forever. There is a grace period that USCIS may apply favorably, but it is not more than 10 days from the expiry date (from what I know).

In the condition described above, IMHO the candidate's employer will have to file for a fresh petition, subject to the quota requirement (e.g, if one has masters then it is counted againt the 20,000 and so on ..). Basically the whole nine yards, as a fresh applicant, all over again.

I would keep renewing my EAD and invoke AC21 whenever warranted.

HTH