H1->EAD->H1 transition and 6th year...

P

PradK

Registered Users (C)
Hi friends,

I have about 4 months remaining on 6 Years to H1. I received AP and EAD recently as a derivative applicant.

1. Can I start using EAD immediately, either by filing new I9 or going out of coutry (may be Canada) and re-entering on AP to stop the clock on H1?

2. If the clock stops, am I subject to cap if I have to go back on to H1 for any reason?

3. I may be eligible for H1 7th years only if I am able to capture time outside the country or do the above. If the above scenario is possible, which one should I opt for?

Thanks in advance for your opinions,
 
Go 7th year

Why are U trying to do all that. No point trying to save 4 months of H1B time. Yes U will be subjected to cap if you try to get H1B later.

If I were you, I would apply for 7th year extension.

Hope that helps
 
Thanks, I agree with you. But the issue is my LC wouldn't be pending 365 days by the time my 6 years expire. This is means I should first apply for recapture (30 days vacation + 40 days between Cos. both out of the country). The difference is also about 40 days for my 6th year completion and shortfall for 365 days after my LC.

I have seen that the recapture may not be always successful. Due to that uncertainity, I am exploring other safer alternatives including going out of country again or changing to EAD and then back to H1. If this brings some peace of mind, I don't mind that extra effort!



Billtoo said:
Why are U trying to do all that. No point trying to save 4 months of H1B time. Yes U will be subjected to cap if you try to get H1B later.

If I were you, I would apply for 7th year extension.

Hope that helps
Click to expand...
 
Still 7th year might work

40 days short of 365 days of labor pending.
I have some cases where some guys have got there 7th year with this.
Why don't you just for 7th year and this might go thru. A application for 7th year would itself put U in status for some x number of days( x= I think is 225 or something close to it)
If it fails then U can always look for other routes.

Hope that helps.
 
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