i All,
My wife is in little tricky situation. Any advice is appreciated:
1) 6 yrs of H1-B gets over in first week of Jan '08
2) GC labor filled in Feb '07 (less then 365 days of H1 expiration)
3) Labor is approved
We missed I-140 premium processing as we got over labor appoval on Jun 29 '07
4) Filled for I-140 at TSC
Receipt Date: Jul 12 '07
Notice Date: Jul 18 '07
Processing Time: 6 Mon
5) Filled for I-485 and EAD at CSC
Receipt Date: Jul 31 '07
Notice Date: Oct 10 '07
Case transfered to TSC
Receipt Date: Oct 9 '07
Notice Date: Oct 10 '07
Here is what we think:
- Since her Labor is filed less than 365 days of H1-B she can't apply for 1 yr h1 extension
- I-140 is pending so she can't apply for 3 yrs of h1-B extension
- As far as EAD is concern, we don't know if we count 90 days for Jul 31 '07 or Oct 09 '07.
Probable option available to us:
- If her I-140 gets approved before her H1-B expries in first week of Jan '08, we can apply for 3 yrs H1-B extension
- If 90 days of EAD from Jul 31 '07, she has to go on EAD in Jan 08
Or last option:
In case her I-140 is not approved before H1-b expires and she don't have her EAD by then
- She has been out of country for about 11 weeks. We are planning to apply for h1-b recapture along with H1-b extension. This gives 11weeks to her H1-b. As a result, her GC labor is filed 1 year before her h1 expires, so she can be eligible for 1 yr H1-B extension
Is this valid? Can anyone advice us or give some comment for our option?
Thanks!!
My wife is in little tricky situation. Any advice is appreciated:
1) 6 yrs of H1-B gets over in first week of Jan '08
2) GC labor filled in Feb '07 (less then 365 days of H1 expiration)
3) Labor is approved
We missed I-140 premium processing as we got over labor appoval on Jun 29 '07
4) Filled for I-140 at TSC
Receipt Date: Jul 12 '07
Notice Date: Jul 18 '07
Processing Time: 6 Mon
5) Filled for I-485 and EAD at CSC
Receipt Date: Jul 31 '07
Notice Date: Oct 10 '07
Case transfered to TSC
Receipt Date: Oct 9 '07
Notice Date: Oct 10 '07
Here is what we think:
- Since her Labor is filed less than 365 days of H1-B she can't apply for 1 yr h1 extension
- I-140 is pending so she can't apply for 3 yrs of h1-B extension
- As far as EAD is concern, we don't know if we count 90 days for Jul 31 '07 or Oct 09 '07.
Probable option available to us:
- If her I-140 gets approved before her H1-B expries in first week of Jan '08, we can apply for 3 yrs H1-B extension
- If 90 days of EAD from Jul 31 '07, she has to go on EAD in Jan 08
Or last option:
In case her I-140 is not approved before H1-b expires and she don't have her EAD by then
- She has been out of country for about 11 weeks. We are planning to apply for h1-b recapture along with H1-b extension. This gives 11weeks to her H1-b. As a result, her GC labor is filed 1 year before her h1 expires, so she can be eligible for 1 yr H1-B extension
Is this valid? Can anyone advice us or give some comment for our option?
Thanks!!