Filing for I485 & EAD/AP along with spouse..

D

dhanuka

Registered Users (C)
I have a few questions on my H1B status.. Let me explain my situation and later ask the questions.

Situation:
I am currently working on H1B status and have finished my 3 years on H1B status. My company has filed for a renewal and it is pending as of now. My company has not yet filed for my Labor certification...
My wife is also on H1B and her company is sponsoring her Green Card processing. Her Labor Certification got cleared last week and we are ready to file for concurrent I-140/I-485.
We will file for my I485, EAD/AP along with her.
I understand that it is a good idea to maintain your H1B status even after receiving EAD and continue to use H1B to work and travel.

Questions:
1. If my H1B expires in next 3 years and we still do not recieve our Green Cards, then what happens to my H1B status.. can I renew my H1B every year as my I485 is pending?? I know that my wife can continue renewing her H1B as long as she is with the same employer.

2. If I intend to switch jobs or loose my current job, while our I485 is pending, can I still maintain my H1B status and just get it transfered to the new employer.. or will I have to fall back on EAD status to do this..


I will appreciate any help towards these concerns..
 
1. No, you can not extend your H1-B after 6 years based on your spouse's pending application (primary applicant). At least this is the view of some of the attorneys.

2. You can change jobs on H1 and maintain H1 status while your I485 is pending. The advantage is that if you lose your job and you don't find any employer who is willing to sponsor for your H1, you can fall back on EAD and you are not out of status since your I-485 is pending.
 
If I were you I would go for CP, considering the problems TSC going through.

Think about it

RD 5/14/01
 
Originally posted by dinnu
1. No, you can not extend your H1-B after 6 years based on your spouse's pending application (primary applicant). At least this is the view of some of the attorneys.

2. You can change jobs on H1 and maintain H1 status while your I485 is pending. The advantage is that if you lose your job and you don't find any employer who is willing to sponsor for your H1, you can fall back on EAD and you are not out of status since your I-485 is pending.
Click to expand...


dinnu,

Why is your answer No for the first question? Can't a person on AOS extend his/her H1 for the 7th year? Do you think there are any drawbacks for this?
 
Well... I cannot use CP as an option as my wife's company is not allowing them to take the CP option.

As for switching jobs and using H1B to be transfered to the new employer.. I read on murthy.com that it will revoke my H1B and I will have to fall back on EAD status.. I do not want to use EAD and want to keep that only as a worst case option..

here is the link to the article on murthy.com

Quote:
"If a person obtained an EAD and then went to work for another company while waiting for the completion of her/his adjustment case, that action would effectively terminate the H-1 or L-1 status of the beneficiary and she/he would have to file for advance parole to travel. The H-1 or L-1 holder would not be able to renew the H-1 or L-1 status in this situation."

link:
http://www.murthy.com/UDnewins.html
 
Dinnu,

Do u mean to say that only a primary applicant can get H1B renewed..

What do I have to do to get my H1B renewed for the 7th year... until the I-485 is approved ??
 
Yes, only the primary applicant is eligible for 7th year extension. I got that from one of the sites (either immigration-law.com or usvisanews.com). Let me see if I can find the link.

dhanuka, one option is to have ur employer start ur GC processing before ur 5th year is up on your H1.

Also your interpretation of what Murthy said is not correct. What she is saying is if you use ur EAD to change jobs then u lose ur H1 status.

In other words u need to apply for your H1 transfer b4 u change jobs. Once your H1 transfer is filed by your new employer, you can change jobs using H1 portability law. In that case you will not be using EAD to work for new employer and therefore your H1 status will be preserved.
 
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