Here is my case detail
I came to US in Aug 2003
My current visa stamping in passport got expired on Aug 2006
I have h1b approval (Form I-797) till Feb 2008.
GC details
Substituted labor with priority date of june 2001 in EB2 category.
I-140 already approved.
Applied I-485, EAD and AP for me and my wife in Feb 2007.
I want to remain in h1b status till 485 gets approved to avoid if any issues with EAD.
My Question as below.
Can I extend my H1 and get restamping in India? I have read in many posts that H1 can be extended only if your labor is pending for more than 1 year or I-140 is approved and can not apply for I485 because PD is not current.
I am so confused with this situation. Could somebody provide me with some idea about this.
Thanks in advance....
I came to US in Aug 2003
My current visa stamping in passport got expired on Aug 2006
I have h1b approval (Form I-797) till Feb 2008.
GC details
Substituted labor with priority date of june 2001 in EB2 category.
I-140 already approved.
Applied I-485, EAD and AP for me and my wife in Feb 2007.
I want to remain in h1b status till 485 gets approved to avoid if any issues with EAD.
My Question as below.
Can I extend my H1 and get restamping in India? I have read in many posts that H1 can be extended only if your labor is pending for more than 1 year or I-140 is approved and can not apply for I485 because PD is not current.
I am so confused with this situation. Could somebody provide me with some idea about this.
Thanks in advance....