Ginnu & Experts pls help.

[gc4me2009]

Ginnu & Experts,

MY STATUS:EB3-INDIA, I-485 PENDING,FILED SINCE 09/2004,I-140 APPROVED 11/2004,H1B EXTENDED(GOT 3YR EXTENSION PAST 6YR LIMIT BASED ON I-140 APPROVAL AND VALID TILL 2/2010).CURRENTLY I AM USING EAD/AP.I NEVER CHANGED EMPLOYERS.WIFE'S 485 APPLIED&PENDING AS WELL.WIFE USING EAD/AP AS WELL

1)SINCE I AM USING MY EAD NOW,AND WIFE ALREADY USING HER EAD SINCE 1 YR AND I AM PRIMARY.IS MY H1B STATUS INVALID?CAN I EXTEND MY H1B VISA AFTER FEB-2010 EVEN THOUGH I HAVE STARTED USING MY EAD NOW????

2)I WAS OUT OF JOB FOR ABOUT 88 DAYS, SINCE I AM IN AOS(PENDING 485 FROM 2004)BUT I HAVE STARTED WORKING BACK AGAIN NOW SINCE 1/2009 AND FOR SAME EMPLOYER&JOB AREA.WAS I OUT OF STATUS BECAUSE OF THIS 86DAY GAP???

3)IN CASE OF ANY 485 APPROVAL ISSUES,BASED ON Q1)ABOVE,CAN I GO BACK TO H1B WHICH GOT EXTENDED BASED ON I-140 APPROVAL??

GINNU & EXPERTS PLS ANSWER MY QUESTIONS

 

[TheRealCanadian]

SINCE I AM USING MY EAD NOW,AND WIFE ALREADY USING HER EAD SINCE 1 YR AND I AM PRIMARY.IS MY H1B STATUS INVALID?CAN I EXTEND MY H1B VISA AFTER FEB-2010 EVEN THOUGH I HAVE STARTED USING MY EAD NOW????

If you are using your EAD to work for another employer, then your H-1 status is over. Besides, you cannot extend your H-1, only your employer can.

I WAS OUT OF JOB FOR ABOUT 88 DAYS, SINCE I AM IN AOS(PENDING 485 FROM 2004)BUT I HAVE STARTED WORKING BACK AGAIN NOW SINCE 1/2009 AND FOR SAME EMPLOYER&JOB AREA.WAS I OUT OF STATUS BECAUSE OF THIS 86DAY GAP???

No. Once your I-485 is filed you remain in valid status until it is approved or denied. You do not need to be employed.

3)IN CASE OF ANY 485 APPROVAL ISSUES,BASED ON Q1)ABOVE,CAN I GO BACK TO H1B WHICH GOT EXTENDED BASED ON I-140 APPROVAL??

Will your H-1 sponsor take you back, or can you find a new one? I'd focus on getting the I-485 approved, rather than worrying about denial.

And please, stop with the capital letters.