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

[drrezajunk]

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.

 

[ginnu]

Dear friends:

I noticed recently TSC asks for legal status, employment letter etc for I-485 approval.
------------- you need valid I-94 at the time I-485 is filed, employer letter is for permanent job offer
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?
----------NO, you have AOS pending
Does it cause any problem for my pending I-485 approval?
-NO, but if due to any reason I-485 gets denied you will not have any status and EAD AP will also get denied, better keep H1 status as back up. your I-140 is approved and you can get H1 extension for 3 years file the H1 extension BEFORE I-94 gets expired
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?
-----------better extend H1 as back up
Should I remain in H1b status all the way until I receive my green card.
----------- that is better option

Appreciate your help.

 

[nato]

Ginnu, you are missing few points here

The H1 is invalidated once EAD is used. The 3 year extension is also invalid if the underlying petition on which basis it was obtained is denied.
Since one is in status till 485 is denied, it is better to preserve that leftover h1 time if nay out of the 6 year to get an H1 extension for the leftover time if the 485 is denied as long as it is done right away after the denial and shouldn't have to do anything with I-94 expiry..

 

[ginnu]

The H1 is invalidated once EAD is used.
-------Poster has NOT used EAD he is on H1 status
The 3 year extension is also invalid if the underlying petition on which basis it was obtained is denied.
---------- if he files H1 extension Before the approved I-140 is Revoked and gets H1 extension then that H1 extension will be valid even if later the I-140 is revoked
Since one is in status till 485 is denied, it is better to preserve that leftover h1 time if nay out of the 6 year to get an H1 extension for the leftover time if the 485 is denied as long as it is done right away after the denial and shouldn't have to do anything with I-94 expiry..
--------- what is leftover time? if you use EAD and on H1 8 months were left and you think that once I-485 gets denied you can be on H1 again for 8 months that is wrong info. one need to file H1 extension BEFORE I-94 gets expired, no H1 extensionsAFTER I-94 gets expired.

 

[drrezajunk]

Dear Gurus please respond

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

 

[ginnu]

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?
-------------as you have I-140 approved you can get H1 extensions and are eligible for H1 extension, why yu will get for 5 months? you can get full year extension, file for H1 extension Before I-94 expires
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?
------- you have NIW and EB1 I-140 approved, I dont see problem for I-485 approval if you dont have any crimes on your record
What is that for anyway?
---depends on your service center
Is it just for security purposes?
-may be
Thanks