H1 is expiring

K

kamineni99

Registered Users (C)
Hello friends,

My h1 is expiring on 12/14/04 and I have the EAD with me with pending 140 approval. Do I need to extend my H1b to be on safer side? If so does it(h1 extention) has any impact on my current 140/485 processing?

Thanks

Concurrent filing RD 4/12/04
EB2
I-140 RD 4/12/04
I-485 RD 4/12/04
I-765 AP 9/16/04
I-131 RFE Rcvd by USICS, 10/14/04
 
It is always safer to remain on h1 until the GC is approved (485). Using EAD would invalidate H1 status.
Having said that it definitely is advisable to remain on H1 when the 140 is pending approval and not use the EAD.

Also H1 extension has no impact on 140/485 whatsoever.

Rgds,

Yeppo

PS: I have switched to my EAD today in fact as my h1 expired yesterday. My 140 has been approved.
 
Strange thing is I have not switched employers - though I may when and if the time/need comes. So I do not think that the AC21 applies here as the H1 employer is the same as GC employer.

But when/if I shift I would weigh the merits of sending the letter before doing so, as recent posts have pointed at the prudence of maybe not doing so, but that is something which would need to be weighed carefully.

Rgds,

Yeppo
 
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