Extending H1 after 6 yrs

R

rade

Registered Users (C)
I have applied for my I 485 and currently have a valid EAD.

In the meantime I have completed my 6 yrs on H1. My company is willing to extend my H1 (as per the INS rules it will be extended for 1 more yr). It will also renew my EAD when it expires.

The advantages I see of extending my H1 are:
1) I will not need a AP for travelling to India and back.
2) Sometimes the EAD renewal does not come on time - that time I will not be out of status as I will have a valid H1.

Do you guys see any downside ?

Tks
 
Downside.

I feel that EAD path is more quick now-a-days. While EAD is getting approved in weeks, H1 is taking months. On the other hand, while Advanced Parole is taking 3 months, Visa Revalidation is taking more than that. You will live without your passport in your hand for 3 months. That is a worry added on top of I-485 hassle we are going through.

My two cents...
 
Not Sure

As far as my lawyer says:

1- Once you applied for the I-485, you cannot leave the country unless you have an AP. Regardless if you have an H1 or not. This might not be the case if you have an E1 visa (requires an AP) as once you leave and come back on an H1, your E1 is not valid anymore.

2- I beleive that if you applied for the EAD renewal, you should be ok regardless. It does not hurt to keep the H1 valid since your company is paying for the renewal.
 
Re: Not Sure

Originally posted by captainr
As far as my lawyer says:

1- Once you applied for the I-485, you cannot leave the country unless you have an AP. Regardless if you have an H1 or not. This might not be the case if you have an E1 visa (requires an AP) as once you leave and come back on an H1, your E1 is not valid anymore.
Click to expand...

Your lawyer is incorrect. Regulations were changed over two years ago that allow H and L visa holder to re-enter the US after an I-485 filing without AP, just by using their H or L. The fact that your lawyer can charge money for that kind of dubious advice is surprising - I mean, it's not like the regulations were changed yesterday.

2- I beleive that if you applied for the EAD renewal, you should be ok regardless. It does not hurt to keep the H1 valid since your company is paying for the renewal.
Click to expand...

That's also incorrect. Unlike employment-based statuses such as H, L, or TN, your employment authorization ceases on the expiration of the EAD card, no matter if you have a renewal filed with BCIS. That makes it more important to file your renewal 3 or 4 months before the EAD expires.
 
It is always good to have H1/ H4

If all of you remember, there was a case of possible deportation for a valid case on 485 and no H1. Case being faught in court, but do you want any hassle like that?

My suggestion, if you can afford it have H1. You do not need it, if every thing else is going smooth, but are they really smooth with TSC?
 
Once you applied for the I-485, you cannot leave the country unless you have an AP.
Click to expand...
My lawyer also advised me against travelling outside of the country without an AP even though I have an L1 status. Their office had a client on an L1 or H1 that was refused entry without an AP. Now I always use my AP for re-entry.
 
Originally posted by w8nc
My lawyer also advised me against travelling outside of the country without an AP even though I have an L1 status. Their office had a client on an L1 or H1 that was refused entry without an AP. Now I always use my AP for re-entry.
Click to expand...

I'd be highly interested in knowing when this occurred. I've re-entered numerous times with only my I-797 approval notice with no issues after the I-485 was filed. Even the officers at the Atlanta POE (which typically doesn't deal with Canadians) had no issue and properly understood that I was visa-exempt.

BTW, you realise that your L-1 is not valid for employment authorization if you enter with AP. You have a valid EAD, right?
 
BTW, you realise that your L-1 is not valid for employment authorization if you enter with AP. You have a valid EAD, right?
Click to expand...
Yes, I have a valid EAD. Soon, my L1 will have run 7 years, so it will be only EAD for me.
I have entered the country using my L1 with AOS pending. I was out of the country when my AP was issued. My lawyer had strongly advised against leaving the country without the AP, but it was Christmas and I had to go back to Canada, so I took the chance. I was allowed to re-enter with my L1, but since then I have used my AP.
 
I suggest that you go ahead and extend your H1.
Earlier, I have posted my experience about Border officer who do not understand the intricacacies of I-485, EAD and H1. I ended up getting an NTA (Deportation proceedting) although, I have a valid EAD and I-485 application since July 2003. My H1 have expired on April 2003 and I have never extend them.
 
Just to confirm TheRealCanadian’s posting.

I am also a L-1 visa holder and my I-485 is still pending. I travel overseas for business 2 to 3 times a month and never had a problem re-entering the US. I have never applied for EAD nor AP.
 
You must log in or register to reply here.
Top