H1 6yrs expiring - I140 not approved

B

Big Dig

Registered Users (C)
Hello Gurus,

The 6 years on my H-1B visa is expiring in Feb 2004. I applied concurrently for my 485 & I140 in May 2003. Me and my spouse already got the EAD/AP cards and are waiting for I140 approval.

Should I apply for a 7th year extension on my H1 ( My labor was applied in Apr 2002 and was approved Nov 2002 ) or can I work on EAD after Feb 2004?

Also my wife started working on EAD and I heard that even if I apply for the 7th year on H-1 , she has to continue working on EAD.

Will there be a problem if I apply for the H1 extension and I work on H1 and my wife on EAD?

Any help/input is appreciated.

Thanks
 
Given your case, I would say extend H1 for 7th year and have your wife work on EAD. There won't be any problem for her to continue on EAD and for you on H1 unless your I-140/I-485 falls apart which I hope won't happen.

Thanks
 
Last edited by a moderator:
Originally posted by Big Dig
Hello Gurus,

The 6 years on my H-1B visa is expiring in Feb 2004. I applied concurrently for my 485 & I140 in May 2003. Me and my spouse already got the EAD/AP cards and are waiting for I140 approval.

Should I apply for a 7th year extension on my H1 ( My labor was applied in Apr 2002 and was approved Nov 2002 ) or can I work on EAD after Feb 2004?

Also my wife started working on EAD and I heard that even if I apply for the 7th year on H-1 , she has to continue working on EAD.

Will there be a problem if I apply for the H1 extension and I work on H1 and my wife on EAD?

Any help/input is appreciated.

Thanks
Click to expand...

Why would you want to waste money by extending your H-1B ? Since you already have EAD, why not use it. Maintaining H1B status is of no value to you as your 6 yr period ends soon. If you still had a couple of years left in the 6 yr period, it makes sense to be on H1. Otherwise you are wasting money.

This my opinion. Check other sources.

My $ 0.02.
 
gc_majburi is right.

After sixth year it's not going to be of any use to keep extending your H-1 if you have EAD. It will only help those people who want to bring his/her spouse in future.

In case your AOS falls apart, H1 with 7th year extension is not going to help you.

So do it only if you are single and planning to bring spouse sometime in future.
 
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