H-1B is expiring and lawyer askes me to change to use EAD

[yvesliu]

My H-1B is expiring in Feb, 2006. And my I-140 is approved on June 30th, 2005. And I-485 ND is Aug, 5th, 2004, my PD is April, 2000. My lawyer thinks I should not renew my H-1B since I can use EAD. Is that true? Will that make any difference? Or should i fight for my H-1B extension? Another note, I used all 6 years of my H-1B.

Advice is needed.

 

[gousgc]

Based on information , i think you are in 7th year extension.

I will advice you to apply for H1b extension. It can be a backup if you face any problem for I485.

 

[yvesliu]

Based on information , i think you are in 7th year extension.

I will advice you to apply for H1b extension. It can be a backup if you face any problem for I485.

Thanks. I will try to get my h-1b renewed then.

 

[Billtoo]

H1b Vs EAD.

My H-1B is expiring in Feb, 2006. And my I-140 is approved on June 30th, 2005. And I-485 ND is Aug, 5th, 2004, my PD is April, 2000. My lawyer thinks I should not renew my H-1B since I can use EAD. Is that true? Will that make any difference? Or should i fight for my H-1B extension? Another note, I used all 6 years of my H-1B.
Advice is needed.

7th year extension --- now they are giving 3 years extension instead of just one year ...
But the problem with H1b is same as with the EAD .... If U get H1b extended based on pending 485 ...

if anything happens to 485 ... then
- Ur EAD get cancelled
- Ur H1b gets cancelled.

Had Ur H1b xtension not based on 485 ... then the status of 485 wound not have affected H1b ... Like guys who are still within 6 years limit.

So I think U should go either EAD or H1b .. EAD is bit better as its cheaper... can change jobs easlily etc..

Guys who cannot apply for 485 ... Like still in labor or approved 140 but retrogressed and cannot apply for 485 -- have to extend there h1b.

[Correct me if I am wrong in this]

Thanks

 

[yvesliu]

I just talked to my lawyer again and she said I can only do 7th year extension when my Labor is pending. In my current state, I can't file H-1B extension anymore.

I think I might have to stay with EAD for now.

 

[eBhola]

H1b extension

I just talked to my lawyer again and she said I can only do 7th year extension when my Labor is pending. In my current state, I can't file H-1B extension anymore. I think I might have to stay with EAD for now.

hmm ..... looks like she is not correct .

Say a guy from retrogressed country gets his 140 approved[eb3] ... and cannot apply for 485 because of the cut-off dates etc.

Now say he is about to exhaust all 6 years of H1b... He cannot get EAD as he has not applied for 485... The only way out for him to maintain status is extend ones h1b.

Ur attorney might be currect -- if and only if -- there is a new rule that states -- every one who has applied for 485 cannot apply for H1b extension...

But I am not aware of any of such rules...

 

[luckyandcurious]

Gurus need to put some light ....good FAQ

I think "The Gurus" like UN, TheRealCanadian, Ginnu, etc need to put some light on this as it is one of the good FAQs ..... please guys...

I am also in similar situation. The only difference is.. My visa will expire in Oct2005 and I will finish 5 and half years by that time. So, if I apply for extention, will that be 7th year or just 6th year only.

If there is any problem to the I485...how that will effect mine.

 

[eBhola]

My visa will expire in Oct2005 and I will finish 5 and half years by that time. So, if I apply for extention, will that be 7th year or just 6th year only.

U can do both ways :-

1> extend Ur h1b to the max of 6 year .. and then after it is about to expire apply for extension based on Ur pending labor etc.

2> extend for the 7th year directly ..May be they will do it for next 3 years.

[ Note: Some attoney would say Route No 1 is the only way ... do not take that .....they want to get double fees from U... if he is Ur company attoney .. do as he says ... U do not have to pay anyways]

I did the second way ... but got just one year extension -- as there was no 3 years rule then..

The first way I think gives U imunity for the 6 months -- like it is independent of Ur pending applications like labor/140/485.
But the second one is related to them and will get quashed if they are denied .

 

[ganen05]

I think using EAD is fine, except your emplyer is willing to pay the fee for your H1 extension.

We stopped our H1B after we got EADs (and renew EADs). we got I-485 approved even through we had RFEs (for both) before approval. you already have your I-140 done, you should be fine to get I485 approved soon.

good luck!

 

[usrfdluj]

She is not right

I just talked to my lawyer again and she said I can only do 7th year extension when my Labor is pending. In my current state, I can't file H-1B extension anymore.

I think I might have to stay with EAD for now.

I think she's wrong. My company lawyer renewed my 7th year H1B long AFTER my labor cert was approved.

It is very common for AOS applicants hold both H1B and EAD. They are not exclusive to each other.

 

[luckyandcurious]

Thank You guys...It helps many people...so keep sending...

 

[alshine]

H1B 7th year extension for next 3 years?

U can do both ways :-

2> extend for the 7th year directly ..May be they will do it for next 3 years.

I did the second way ... but got just one year extension -- as there was no 3 years rule then..

Could somebody give a source where the new rule for the H!B 3 year extension beyond 6 years is issued?

alshine

 

[Anil_Verma]

H1-B extension after 6 years.

Who is eligible to apply for 3 years H1-B extension after 6 years expiration, if I-485 is pending:

1. Those have applied for I-485
2. Those were not able to apply for I-485 becasue of retrogression
3. Both

Please advise.

 

[anildel]

In april, I at my own applied for EAD in the hope that it might trigger adjudication of my long pending 140. (it was of no use)

My 6 years were expiring on Jun 14, 2005 and company's attorney applied for 7th year extn in last week of May, 05. As of now I'm having 7th year extension and EAD both but I'm using h1b extension.

They are mutually exclusive.

So attorney is not right

 

[nato]

lawyer is right!!!h1-b 7th year is not a backup and becomes invalid

I am doing the samething. As a matter of fact check with your lawyer if you swtich to EAD right away you may be able to save few months in your H1-B in case something goes wrong. your 7th year H1-B is invalidated the moment your underlying basis of that extension is gone...

My H-1B is expiring in Feb, 2006. And my I-140 is approved on June 30th, 2005. And I-485 ND is Aug, 5th, 2004, my PD is April, 2000. My lawyer thinks I should not renew my H-1B since I can use EAD. Is that true? Will that make any difference? Or should i fight for my H-1B extension? Another note, I used all 6 years of my H-1B.

Advice is needed.

 

[nato]

incorrect read yates 2005 memo

In april, I at my own applied for EAD in the hope that it might trigger adjudication of my long pending 140. (it was of no use)

My 6 years were expiring on Jun 14, 2005 and company's attorney applied for 7th year extn in last week of May, 05. As of now I'm having 7th year extension and EAD both but I'm using h1b extension.

They are mutually exclusive.

So attorney is not right

 

[nato]

no clarity on this but 1 one should be approved too

Who is eligible to apply for 3 years H1-B extension after 6 years expiration, if I-485 is pending:

1. Those have applied for I-485
2. Those were not able to apply for I-485 becasue of retrogression
3. Both

Please advise.