H1 6 years limit and pending I-485

drrezajunk

Registered Users (C)
Dear friends:
My 6 years limit of H1 will expire on 4/25/06. I have approved I-140 and pending I-485 receive date July 2004.
I got my employment authorization and have to renew it very soon but I didn't use it as I have had valid H1.
My question is if my H1 expires, lets say in October 2005, Will I become out of status? Does it cause any problem for my pending I-485 approval? Can I work only on EAD and not being out of status?
Appreciate your help.
 
drrezajunk said:
Dear friends:
My 6 years limit of H1 will expire on 4/25/06. I have approved I-140 and pending I-485 receive date July 2004.
I got my employment authorization and have to renew it very soon but I didn't use it as I have had valid H1.
My question is if my H1 expires, lets say in October 2005, Will I become out of status? Does it cause any problem for my pending I-485 approval? Can I work only on EAD and not being out of status?
Appreciate your help.
Once you H1 expires and 485 is pending, your status is preserved by pending 485. To work you need EAD and to travel you need AP. It is recommended to be on H1 at-least until 140 is approved because in case 140 is denied, your 485 will also be denied and you may go out of status or not be able to work for some time. As your 140 is approved, you should be fine. Just renew your EAD in time and you MUST have a approved AP in order to travel outside the US and come back.
 
H1-B extension 8th year - after 140 approval

My 140 is approved last month. My H1-B 6 years expired in Oct '04. I am on 7th year H1-B right now. My 7th year H1-B expires in Oct '05.

Is it worth (it will cost me around $2,500, because I need to bear the expenses) applying for 8th year H1-B extension ?

As my 140 is approved, Do I need not apply for 8th year extension. Will there be any benefit ?

Would appreciate your input.
 
Anil_Verma said:
My 140 is approved last month. My H1-B 6 years expired in Oct '04. I am on 7th year H1-B right now. My 7th year H1-B expires in Oct '05.

Is it worth (it will cost me around $2,500, because I need to bear the expenses) applying for 8th year H1-B extension ?

As my 140 is approved, Do I need not apply for 8th year extension. Will there be any benefit ?

Would appreciate your input.
If you can file H-1B without lawyer, you can do it with several hundred dollars. Otherwise, save $2500. That's not small money and actually you don't have to have that 8th year H.
 
Last edited by a moderator:
Top