H1 B 7th year extension

T

thripu

Registered Users (C)
Hi,

I have another 4 1/2 months left out in my current H1B.
I think my company will renew my H1B for the 7th year extension.

Once I get approved for 7th year extension :

Question 1:

Do I get the same freedom of Traveling outside of United Sates?

What are all the restrictions associated to this special case?

What is the status of my dependents? Currently there are in H4.
If I apply extension for them, is it again called H4 7th year extension?

Question 2:
Assuing my EAD got approved and my company asked me to use
the EAD :

What would be status of my dependents?


Fact:

I applied my first EAD on April 8th 2003. WAC-03-144-5xxxx.
The case is still pending.

485 applied on Feb 20th, 2002. WAC-02-115-5xxxx.

Thanks
 
my lawyer suggested, its better to have H1-B status rather than use EAD - since using your EAD would impose all the travelling limitation as requiring to get AP etc... while with H1-B you still have the same freedom - more over, if for some reason ur EAD/I-485 gets denied then u'll immediately go out of status w/o H1-B and probably will have to challenge the adjudication immidiately - don't know how that would go .... probably someone can comment on that... but with H1-B you won't be out-of-status and can still challenge EAD/I-485 adjudication.....

so, what i feel is to use EAD/I-485 as a back-up plan - just in case your H1-B runs into some issue... else prolong H1-B as much as you can... that's what my lawyer suggested... you can verify it with ur lawyer too... fyi - i also have my H1-B filed for seventh year... on 4/30.... but so far haven't got adjudicated....
 
Hi,

I have another 4 1/2 months left out in my current H1B.
I think my company will renew my H1B for the 7th year extension.

Once I get approved for 7th year extension :

Question 1:

Do I get the same freedom of Traveling outside of United Sates?
YOU WILL NEED A VALID VISA TO RETURN.

What are all the restrictions associated to this special case?
NONE, EXCEPT THAT YOU WILL NEED A VISA THAT YOU CAN EITHER APPLY INSIDE US OR OVESEAS. THE VISA WILL BE FOR 1 YEAR ONLY.

What is the status of my dependents? Currently there are in H4.
If I apply extension for them, is it again called H4 7th year extension?
THEY ARE ELIGIBLE TO GET H4 EXTENSION IN 1 YEAR INCREMENTS TO MATCH YOU 1 YEAR INCREMENTAL EXTENDED H1.

Question 2:
Assuing my EAD got approved and my company asked me to use
the EAD :
What would be status of my dependents?
THEY WILL THEN LOSE H4 STATUS AND WILL BE CONSIDERED ADJUSTEES. THEY (AND YOU) WILL REQUIRE ADVANCE PAROLE TO RE-ENTER US.
 
I may have to extend H1B to 7th year since my 6 year limit is
expiring this December. My question is:

Is it possible to keep working and be in status as long as the
H1B 7th year (in 1 year increments) extension is applied for
after my current H1B runs out?

In other words, my current H1B status runs out on December 15
of this year, let's say the H1B 7th year extension is filed early
December and takes 3 months. Am I in status and can I still work
during the period from December 16 of this year to the time at
which my H1B 7th year extension is adjudicated and approved?

Thanks a lot.
 
You are in status and can work, as long as u have filed for H1 7 th yr extension - before ur 6 yrs have expired.
 
Originally posted by phoenixsaint
<...>
Is it possible to keep working and be in status as long as the
H1B 7th year (in 1 year increments) extension is applied for
after my current H1B runs out?
<...>
Click to expand...

The regular extension of H-1B status provides you with 240-day protection. It means that you stay in H-1B status and can work while your extension is pending for no longer than 240 days. What happens if the extension is not approved within 240 days is not clear to me, for I have not heard of such a precedent.

I believe the same rules apply to the 7th year extension. And every subsequent year, for that matter.
 
Its always better to have EAD and AP. You can still have H1B. But companies prefer to have u on EAD/AP as compared to H1B.
 
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