H1-B extension 8th year - after 140 approval

[Anil_Verma]

My 140 is approved last month. My H1-B 6 years expired in Oct '04. I am on 7th year H1-B right now. My 7th year H1-B expires in Oct '05.

Is it worth (it will cost me around $2,500, because I need to bear the expenses) applying for 8th year H1-B extension ?

As my 140 is approved, Do I need not apply for 8th year extension. Will there be any benefit ?

Would appreciate your input.

 

[ginnu]

My 140 is approved last month. My H1-B 6 years expired in Oct '04. I am on 7th year H1-B right now. My 7th year H1-B expires in Oct '05.

Is it worth (it will cost me around $2,500, because I need to bear the expenses) applying for 8th year H1-B extension ?
------ you dont need to pay for H1 extension it is employer who needs to pay the fees
As my 140 is approved, Do I need not apply for 8th year extension. Will there be any benefit ?
------ if you are not married and plan to marry then spouse can get H4 visa stamp and many keep H1 status as good back up if any problem with I-485. all depends on your employer and you.
Would appreciate your input.

 

[compiler]

...many keep H1 status as good back up if any problem with I-485...

Can you tell me how keeping post H status as good back up if I-485 got denied?

 

[140_485]

...many keep H1 status as good back up if any problem with I-485...

Can you tell me how keeping post H status as good back up if I-485 got denied?

so that even if your 485 is denied, you can stay legally till your H1 validity (and possibly file MTR)

 

[Anil_Verma]

Thanks Ginnu and others for your response.

Since I got the EAD my employer will not apply for H1-B 8th year extension. I have to bear the expenses for H1-B 8th year extension.

If I apply for H1-B 8th year extension, that will expire in Oct'06. In case if my 485 is denied before Oct '06, can I legally stay in US till Oct '06 ? Do you think H1-B 8th year extension is valid after 485 denial ? Please clarify.

 

[indianimmi]

I read some where saying that no additional fees required for 2nd extension(8th year) other then the basic $185. Check with your attonery.

 

[compiler]

so that even if your 485 is denied, you can stay legally till your H1 validity (and possibly file MTR)

Don’t know and no one can give you an absolute answer. That’s why I ask you to tell me why one must keep H-1B (as back up) during I-485 pending?

 

[ginnu]

Thanks Ginnu and others for your response.

Since I got the EAD my employer will not apply for H1-B 8th year extension. I have to bear the expenses for H1-B 8th year extension.

If I apply for H1-B 8th year extension, that will expire in Oct'06. In case if my 485 is denied before Oct '06, can I legally stay in US till Oct '06 ?
----- yes you Can stay till the time you have valid H1 status
Do you think H1-B 8th year extension is valid after 485 denial ?
---yes, H1B and I-485 are both diffrent petitions
Please clarify.

 

[ediman]

8th Year H1

Hi Ginnu,

How can you get 8th year H1 extn when you have received EAD. you get year by year extn only when your labour is pending more than one year. Please reply as I am planning to join my GC sponsorer ( I have valid EAd from him). My current employer is not giving me details of my labor (applied in 2001) and went back to remand to state in 2003.

 

[ginnu]

Hi Ginnu,

How can you get 8th year H1 extn when you have received EAD.
---file the 8th year H1 extension with copy of pending I-485 filing reciept reciept
you get year by year extn only when your labour is pending more than one year.
---you get also if I-485 filed
Please reply as I am planning to join my GC sponsorer ( I have valid EAd from him). My current employer is not giving me details of my labor (applied in 2001) and went back to remand to state in 2003.

 

[ediman]

Thanks Ginu !
Appreciate your quick response.
Where can I get more information on it. Please send me any link you have on this.

 

[ginnu]

Thanks Ginu !
Appreciate your quick response.
Where can I get more information on it. Please send me any link you have on this.

-- you have to search the links your self or go to your lawyer

 

[compiler]

Q: Do you think H1-B 8th year extension is valid after 485 denial?
A: ---yes, H1B and I-485 are both different petitions.

Can you continue to answer the questions?
Q1: Are you sure the CIS won’t revoke his 8th year H-1B if his I-485 is denied?
Q2: If he can continue working on his 8th year H after his I-485 denial, can his H be extended to the 9th year and why?

 

[ginnu]

Can you continue to answer the questions?
Q1: Are you sure the CIS won’t revoke his 8th year H-1B if his I-485 is denied?
--------------- they wont revoke the approved H1 if I-485 is denied, becase both are diffrent petitions
Q2: If he can continue working on his 8th year H after his I-485 denial, can his H be extended to the 9th year
-----NO
and why?
---- Becase he has no base for 9th year extension