H1 expired - do I need to get an extension?

J

jrao124

Registered Users (C)
Hi all U gurus out there,
I figured I would get prompter answers from this forum than going to my lawyer.
My H1 expired several days ago after 6 years. I applied for 140/485 in May 2003. I got the EAD & AP last year itself.
Is it advisable to get an H1 7th year extension or is EAD enough ? Which is safer?
If something goes wrong with my GC process, will it help to have the H1?
Also, can I use the AP to travel even though I dont have H1 anymore?
My 140 has not come yet. I have used AP twice last year before H1 expiry. Now I'm not sure.

I did speak to my lawyer once and he said there is no need for H1, but I feel better getting inputs from the forum.
Any help/inputs will be appreciated.

Thanks
J Rao
 
Once you use your EAD/AP you invalidate your H1B.
Also, your H1b has expired.. You may no longer get an extension for the same ...if I understand you right
 
too much ambiguity in all this

Thanks va_lc_laborious , for the prompt reply.

I'm not sure H1b is invalidated after using AP. Is that really true? Maybe it is.
But I was told that you can apply for H1 even after the expiry and that there is a grace period.
Assuming I can still apply, which is preferable?

Thanks in advance
J Rao
 
If your I140 gets denied(which I sicerely hope does not) then you'll be out of status if you do not have valid H1. I would continue working on H1 and not use EAD until my I140 is approved! Just my two cents!!!
 
can I do that

parvardigar, is it possible for me to get a 7th-year extension after expiry of 6 yr H1 for a few days (to be precise 24 days)?
 
I think the law says something like this " If your labor has been filed a year before your 6th year expiration then you get the 7th year extension" I think in your case labor is approved and you've been waiting for I140(assuming you've not used EAD) then there should not be a problem getting H1 extension. You get extension one year at a time, not 24days or so....
 
7th year extension

You have said that your H1 expired 24 days back. How are you working then?
I am assuming that you have used your EAD to work.
If you have already used EAD, you can not get H1 extension as you do not have H1 status after using EAD.
If you have not used EAD, you must apply for H1 extension immediatly. You may have to give reasons for not filing the H1 extension in time.
 
Parolee to H1 change

jrao124

To maintain the status you must need either H1 or EAD. If your H1 is expired and have EAD, fill I-9 form at your company to change to EAD status.

You can still apply for H1 extension or new H1 (if old H1 has been expired). You can change to Parolee status to H1 status. You can go out of the country with Advance Parole and get new H1 stamp.

m1234
 
Guys,

I have a question on my H1 but on a slightly different situation . I have my first 3 years expiring in Feb of this year . I have asked my company to extend my H1 and have applied for my EAD / AP / 485 and 140 as well.

My question is ,

After I get my renewed H1 papers . Do I still need to get it stamp in my passport . because by this time I will also have my EAD and AP . OR can I just hold on to my H1 without stamping it in my passport.

Any thoughts,
Thanks,
Rotny
 
Rotny,

Sounds like when you do leave the country, you'll have an AP as well as an H1B with you. If that's the case, you can use either - AP does not need a stamp while H1 does.

I believe you can continue to be on H1 status even after your EAD approval comes thru.

Btw, I have a question of my own for people who have left the country to return back on AP. My lawyer recommends leaving for approx. a month - anyone know why? Is there a problem if the stay outside the US is say 3 months?

My 2 cents.
 
Originally posted by rigas
Rotny,

Sounds like when you do leave the country, you'll have an AP as well as an H1B with you. If that's the case, you can use either - AP does not need a stamp while H1 does.

I believe you can continue to be on H1 status even after your EAD approval comes thru.

Btw, I have a question of my own for people who have left the country to return back on AP. My lawyer recommends leaving for approx. a month - anyone know why? Is there a problem if the stay outside the US is say 3 months?

The basic concept of AP is not an exact alternative to a visa. When AOS is pending they expect you to be here for as much time as possible before you are approved. AP has been provided as a stop-a-gap arrangement. You can stay for 6 months also. But the immigration officer has every right to question the nature of the stay and length of the stay. If you meet a lenient IO he might not notice. You have to take everything into consideration before acting. My 5 paisa advice not to take chances. If possible go by the lawyer's wisdom. If you do not have any other avenue, you would do what you can.

HTH

My 2 cents.
Click to expand...
 
I-9

Gc_gonecase and m1234,
I have EAD since July of 2003. Expires in July 2004. Of course, I will apply for a renewal in a month or so. But I didn't know you had to do something to use the EAD. So, if I file this I-9 (where do I get it?), will I be fine?
Assuming I get H1, I can always send it for re-validation, right?

Which is preferable?

Thanks for all your inputs.
J rao
 
if I file this I-9 (where do I get it?), will I be fine?
Your HR has to keep I-9 records for each employee working in the organization, you should contact them to file new I-9, its just fine, the
I-9 is for the employer who is hiring you.
 
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