Extended H1, EAD or AP??? Please, help!!

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Roj86

Registered Users (C)
My second H1-B (sixth year) is up in March 05. With pending I-485, what will be the best recommended course of action? Should I extended my H1 or just get EAD or AP ?? Also when would be the best time should I take any action? I heard I can not extend the H1 until I have minimum of 6 months left.. Is this true?? If the processing trend is still be as of recently, my H1-B would expire before the approval. With H1 extension and/or EAD or AP, does it help in anyway to our I-485 processing? Do any one have any suggestion?? Thanks in advance.
 
Roj86 said:
My second H1-B (sixth year) is up in March 05. With pending I-485, what will be the best recommended course of action? Should I extended my H1 or just get EAD or AP ?? Also when would be the best time should I take any action? I heard I can not extend the H1 until I have minimum of 6 months left.. Is this true?? If the processing trend is still be as of recently, my H1-B would expire before the approval. With H1 extension and/or EAD or AP, does it help in anyway to our I-485 processing? Do any one have any suggestion?? Thanks in advance.
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Since your 140 is approved, and your 1st FP is done, I would suggest using the EAD rather than extending the H1; it also depends on who's paying for it, if company is paying for H1, then you might wanna think about it, but otherwise, EAD should be fine. You are close to your 485 approval, if you haven't been out of status you should be fine.
 
joyd said:
Since your 140 is approved, and your 1st FP is done, I would suggest using the EAD rather than extending the H1; it also depends on who's paying for it, if company is paying for H1, then you might wanna think about it, but otherwise, EAD should be fine. You are close to your 485 approval, if you haven't been out of status you should be fine.
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Joyd,

If costs are not a criteria (say, company is taking care of the costs)... can you please tell what is the better option? (the pros and cons). Though I am not at that stage currently, I might have to make the same decision after a few months. Thanks.
 
Same Here

Hi,
I have the same situation. My 6-year H1B will be expiered in March'05 and I-485 has been pending for almost one year. My company will not pay for the 7-year H1B extension. In this case, shall I just start to use EAD to save money? My lawyer told me it's better to renew H1B1 in order to make the process of I-485 more successfully. Is it ture? :confused:

Thanks a lot for comments.

I-140 ND 9/15/03
I-140 AD 5/14/04
EAD1 AD 11/19/03
EAD2 AD 08/09/04
I-485 ND 9/15/03
I-485 AD ??? Hopefully before 6-year H1B expire
FP1 ???
 
Joyd, Thanks for your response.

joyd said:
Since your 140 is approved, and your 1st FP is done, I would suggest using the EAD rather than extending the H1; it also depends on who's paying for it, if company is paying for H1, then you might wanna think about it, but otherwise, EAD should be fine. You are close to your 485 approval, if you haven't been out of status you should be fine.
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Yes, there was a big different as far as the cost goes. I was told H1 extension will keep your status in case there was a longer delay or denied on your case but EAD won't keep your status at all. One last question, though, When do you think is the proper time to start the process of H1B or EAD?? I would like to wait to see if I ever get any lucky and don't have to do any of these.
 
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