H1 7th Year Extension or EAD

S

sadiq

Registered Users (C)
OK here’s a question for the experts. Say an I485 has been filed for an H1 holder on Employment Based immigration. If it’s clear that it will not be adjudicated before the 6th year on the H1 is expired, which should the company do?

1. Apply for a 7th year extension.
2. Have the employee file an I765 for an EAD.

I would think that option 1 is preferable, and this is because I was under the impression once could continue to work and until the H1 extension was approved. This way the employee would be able to work and the company would not have to place her on a leave of abscence if there were delays with getting an interim EAD.

A lawyer consulted by my company thinks otherwise and claims there's no reason to seek an H1 extension once the I485 has been filed.

Anyone have other thoughts on this matter?


Thanks,
Rafat.
 
IN the same boat as you!

Hi Fellas,

My particulars are:
I am from Pakistan
RD 8-24-2001
ND 9-25-2001
first FP done in 12-2001
2nd done 12th May 2003
RFE for BC and Employment received by INS NSC 01-09-2003

H1-B1 expires in 12-2003
Filed for EAD/AP on 4/28/2003

Here is what my lawyer wrote me today:

Dear Sir,
Based on the Nebraska Service Center's current processing times, it is very possible that there will be a decision on your I-485 application prior to the expiration of your H-1B. However, as long as you have a valid EAD card and a valid Advance Parole (AP) document, there is no need to extend the H-1B as the EAD provides you with general work authorization and a valid AP allows you to travel abroad. NOTE: If you use the EAD for employment, you must use the AP for travel and vice versa.

You should receive the EAD and AP prior to the expiration of your H-1B since the NSC is currently processing these applications in approximately 3 months (your EAD and AP applications were filed on 4/28/03).


However it is not clear if I need to inform my employer of this situation or just continue to work as if nothing has happened?
Cheers,
There is quite a bit of life even without Green card, although it does not seem that way!
 
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my two cents...

if i could help it, i'd go for the 7th year (and beyond) H1 extension, and continue working on that basis. i'd also apply for an EAD, just in case! here are my reasons:

1. this is my primary reason: one can continue working legally while an H1 extension application is pending, which one cannot during the pendency of an EAD app. and with the vagrancies of EAD renewals and interim EAD issuance, i'd want to make sure that there are no gaps in my authorized employment.

2. earlier, the 7th year extension option was available only if your i140 was filed over a ago. now the law is changed to state that your LC should have been filed over a year ago for the 7th year extension to become available, thus making it easier to avail.

3. in case of an i485 denial, one still has a legal working status to fall back on, giving some much needed breathing room while one contemplates one's next move.
 
Thanks Pork. This is the reason I gave to my company! For us the key thing is to phrase is it in a manner that’s benefits the company. That way they’re more likely to go for it.

Some of your intelligence is obviously rubbing of on the rest of us. I suggest you become a lawyer after getting your GC and specialize in immigration law.

Thanks,
Sadiq

p.s. I was only partially kidding about the law thing. Study for the LSATs now!
 
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