H1 6 years limit, Approved I-140 and pending I-485

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drrezajunk

Registered Users (C)
Dear friends:

I noticed recently TSC asks for legal status, employment letter etc for I-485 approval.

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 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? or Do I have to renew for H-1B extension (as back up) during I-485 pending? Should I remain in H1b status all the way until I receive my green card.


Appreciate your help.
 
In your situation its better to have your H1B extended before it expires and keep your EAD valid as a back up.
You have couple of advantages working on H1B vs. EAD
1. Tavelling On H1B is easy compared to EAD/AP,
2. In case I-485 is denied underlying EAD will be revoked so H1 gives you some sort of security.
 
I agree with RKGC!!

I am facing similar situation. My H-1B expires this October and my 485 is still pending!! My lawyer recommended renewing the H-1B for the reasons that RKGC mentioned. It is a little more expensive,but I have gone ahead and filed for the H-1B extension for 1 year.
 
Ab Kya Karun?

Dear Ab Kya Karun:

Did you have any 6 year limit on your H1? My H1 6 years limit finish 4/2006. I am not sure I can extend my H1 beyond that.

Can you tell me what RFE TSC asked for your wife?

Thanks
 
Dear Gurus

Dear Ginnu:

My H1 6 years limit finish 4/2006. I am not sure I can extend my H1 beyond that. So if I apply for extension do I get only 5 months?

I entered US in 4/2000 and was on valid H1 and renewal since then. I have 3 approved I-140 based on NIW and extraordinary filed concurrently on 7/15/04. Can you tell me what are the chances for I-485 denial? What is that for anyway? Is it just for security purposes?

Thanks
 
drrezajunk!!

I believe that all H-1B have a limit of 6 years (uninterrupted). However, per my lawyer, there is a provision to renew H-1B yearly if you have a 485 petition pending. My 6 years are due to finish 10/2005, and my lawyer has just filed a petition to extend the H-1B with my current employers for 1 year (till 10/2006).

The RFE for my wife was for legal status (at entry and for past several years).
 
drrezajunk said:
Dear friends:

I noticed recently TSC asks for legal status, employment letter etc for I-485 approval.

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 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? or Do I have to renew for H-1B extension (as back up) during I-485 pending? Should I remain in H1b status all the way until I receive my green card.


Appreciate your help.
Click to expand...
I can’t see why you need the h-1b again (unless you can file it by yourself without paying lots of legal fee) if you can provide the TSC with all the required evidence. They are indeed ready to approve your case unless you can’t provide the required the evidence. The use of your EAD is sufficient.
 
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