H1 matters while 485 pending?

C

cah

Registered Users (C)
any help is appriciated !

My H1 will expire 12/01 (on which date I will be on H1 for 4years), my 485 (ND 2/00) is still pending, in case my 485 doesn\'t get approved by 12/01, do I need to update my H1 for 2 more years while 485 is pending? or it doesn\'t matter ?
never changed employer and have no intention to do that.

Thanks
 
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cah, are you using an EAD ? The answer depends on that. If you are, then your H1 status is already void. If not, you will need to extend
your H1. I just did that, and I even got the H1 revalidation stamp at
St. Louis. My I-485 has been pending since Aug \'00.
 
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If I applied EAD, but I are still using H1 with employer, Could I apply for renew of my H1? Please give your advice. Thanks!!
 
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I applied for EAD, never used it though, since I stayed with the same employer.
The EAD I applied for already expired and never bothered to renew.

SO, I guess I still need to update my H1, any date I should send the H1 app. ?

Thanks
 
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If you have EAD/AP your H1 does not matter...
otherwise apply for them..
or you could simply extend H1..
I think former option is better...
 
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How long before H1 expires should I apply for EAD ?

Thanks for your replies.
 
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chal_phut, how did you extend your h1? Did you submit new H1 application to INS or just go to INS office and extend it? Is that labor certification needed for H1 extension?
 
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I did it the normal way. My company did the LCA and then filed the application with INS at Vermont. It took me about 4-5 months to get the approval notice. Then, I sent the approval notice and passport to DOS at St. Louis and got my H-1B visa revalidated.
 
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Better send your application to INS right away (you can apply as many as 6 months earlier before the H-1B status expires). I don\'t know how long it is taking these days, but it took me about 4-5 months to get an approval. In any case, you just need to have a receipt notice for your application (not necessarily the approval notice) to remain in status and to continue working.
 
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I never applied for EAD, although I filed my I-485 nearly a year ago.
But I am not sure what constitutes "using the EAD". I guess it is filling an I-9 form with the EAD information. If you have not used the EAD, you can get your H-1 extended up to the 6 year limit, and beyond that if you qualify under the AC21 guidelines.
 
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I need to clarify that if you have an EAD, you always have the option of using it when your H-1B expires. In my case, I chose to keep my H-1B status since I wanted to have the option of bringing a spouse into the country (if I decided to get married) on a H4 visa and then filing I-485 for her using the "follow-to-join" clause. But I haven\'t done that yet.
 
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