H1 renew issue after 485 submitted ---- need help urgently

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bluesky133

Registered Users (C)
My H1 visa will be expired next week. I have less than one week to prepare documents if it's better to renew H1. I have below questioins:

1. Is it necessary to renew H1 visa after getting employment authorization card? I-485 had submitted before but it is not current now because the date of prority goes backwards.

2. Can renew 3 years or just 1 year beyond 6 years H1 based above situation.

3. How much USCIS charge for the H1 renew fee?

4. Where can I got all information about required documents, forms and mailing address for me to renew H1?

5. Because H1 visa is nonimmigration visa, will it impact my 485 process to renew H1 visa after I have filed 485?

I appreciate if anyone can give me respond for above questions. Thanks a lot.
 
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H1 and I-485 are compatible

See my responses below:
bluesky133 said:
My H1 visa will be expired next week. I have less than one week to prepare documents if it's better to renew H1. I have below questioins:

1. Is it necessary to renew H1 visa after getting employment authorization card? I-485 had submitted before but it is not current now because the date of prority goes backwards.
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Applying for EAD and receiving the physical card in and itself doesn't change your status. Only after you use your EAD to start a new job, your status changes from H1 to EAD. It is not *necessary* per se to renew H1 but it is generally recommended to maintain H1 status while the I485 application is pending.
2. Can renew 3 years or just 1 year beyond 6 years H1 based above situation.
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You can renew for 3 years after initial 6 years only if you can't apply for I485 because of unavailability of visa number (in other words priority date is not current).
3. How much USCIS charge for the H1 renew fee?
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You can easily find out from USCIS' web site or searching the forum. Sorry I don't know about that.
4. Where can I got all information about required documents, forms and mailing address for me to renew H1?
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They should be pretty much similar to what you submitted for initial H1 application. I remember following docs but pleas confirm from this forum or on the web:
a. updated resume
b. latest three pay stubs
c. educational certificates and educational evaluation
d. Copies of non-blank pages from passport and I-95 front and back
5. Because H1 visa is non immigrant visa, will it impact my 485 process to renew H1 visa after I have filed 485?
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Although H1 is a non-immigrant type visa, it is dual-intent which means that you are eligible to apply for permanent residency(I-485) and also maintain H1 status if you want to. I have renewed my H1 for the 7th year and got H1 visa stamped even when my I485 was pending.
 
I recommend you renew your H1-B visa, it may come in handy should your next EAD application happen to be delayed. This has happened to me already.
 
To: Jefkorn

Thank you very much for detail informations. They are very clear except one thing which I am still confused. My priority date was current and I have got 485 receipt. Because it goes backwards, my priority date is not current now. So can I renew 3 years H1 or only one year. Did you renew 3 years H1 after 6 years.

Again, I appreciate your help.


To: Thereal pharoah

Thank you very much for your reply. I am going to perpare documents for H1 renew right away.
 
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Thank you very much and I have another two questions

jefkorn said:
If you have already applied for I-485 and later on dates retrogress which seems common for India and China, you can only apply for one year extension.

You can look at following link for details:

http://www.immihelp.com/visas/h1b/h1b-visa-extension-beyond-6-years.html
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Thanks for your prompt reply.

Since it is only one year renewable H1, I may need to renew it many times before I get green card. Because the priority date is not currrent right now, do you guess that it will impact my 485 process if I requested 3 years on renewal application?

My employment authorization will be expired sveral months later. if I renew H1, do I still need to renew employment authorization when it is expired like H1 or I can renew employment authorization card long time later after expired date if I have never used it. I mean "Can I renew employment authorization card when I need it after it is expired? " If not, I may not renew H1 since I have to renew employment authorization card soon.

Thanks for you help.
 
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bluesky133 said:
Since it is only one year renewable H1, I may need to renew it many times before I get green card. Because the priority date is not currrent right now, do you guess that it will impact my 485 process if I requested 3 years on renewal application?
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As far as I know, you won't be able to extend H1 for 3 year if you have already applied for I485. Although my company lawyer was f the view that one could still request 3 years H1 extension but by law you are not entitled to if you have a pending I485 application. It doesn't matter if the priority date is not current after you applied for I485.
My employment authorization will be expired sveral months later. if I renew H1, do I still need to renew employment authorization when it is expired like H1 or I can renew employment authorization card long time later after expired date if I have never used it. I mean "Can I renew employment authorization card when I need it after it is expired? " If not, I may not renew H1 since I have to renew employment authorization card soon.
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You can keep renewing EAD until you get your GC but you don't have to use it. If you are not working utilizing EAD but applied and received it just in case you needed to use it, you don't have to renew after it expires. You can apply for one again later when you want to use it. I'm not sure if you applied for EAD one year after it expired, what will they use as the effective date? Will it be when you apply or the expiration of the previous EAD. It wouldn;t make sense to use that if it had been a year already.

Attached file discusses some of the concerns you have, hope it helps.
 
Thanks, jefkorn

jefkorn said:
As far as I know, you won't be able to extend H1 for 3 year if you have already applied for I485. Although my company lawyer was f the view that one could still request 3 years H1 extension but by law you are not entitled to if you have a pending I485 application. It doesn't matter if the priority date is not current after you applied for I485.

You can keep renewing EAD until you get your GC but you don't have to use it. If you are not working utilizing EAD but applied and received it just in case you needed to use it, you don't have to renew after it expires. You can apply for one again later when you want to use it. I'm not sure if you applied for EAD one year after it expired, what will they use as the effective date? Will it be when you apply or the expiration of the previous EAD. It wouldn;t make sense to use that if it had been a year already.

Attached file discusses some of the concerns you have, hope it helps.
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Thanks for your detail reply and article which is very helpful for me. I did not have time to read whole thing carefully but I have got very important information under #6 as below:
6) Is it wise to extend H or L visas if an adjustment is pending? h) advance parole and employment authorization must be renewed four months before
expiration to be safe; the failure to calendar this will result in the loss of these benefits
I'll study this article after H1 renew. I am pretty busy at my work today and have a business trip in following two days. I am going to crazy to prepare documents. I may need your advise if I have problem with the paper work.
 
One IS indeed entitled to the 3-year H1 erxtensions, even after I-485 is filed. There is no such restriction -- I got in in 2006, 2 years after filing I-485.

There is one restriction on the 3-year H1, and that is if your I-485 PD is current a the time you request your extension.

This situation arose last summer, when all those with pending I-485s who had just put in for 3-year H1 extensions, where suddenly ineligible because their PD was now current, for a month, and were given 1-years instead.
 
nelsona is right, sorry for incorrect answer!

I misspoke, Thank you nelsona for correcting me.
Here's discussion that will help in further clarification of getting 3 year extension with pending I-485 and approved I-140:

http://immigrationvoice.org/forum/showthread.php?t=13710

nelsona said:
One IS indeed entitled to the 3-year H1 erxtensions, even after I-485 is filed. There is no such restriction -- I got in in 2006, 2 years after filing I-485.

There is one restriction on the 3-year H1, and that is if your I-485 PD is current a the time you request your extension.

This situation arose last summer, when all those with pending I-485s who had just put in for 3-year H1 extensions, where suddenly ineligible because their PD was now current, for a month, and were given 1-years instead.
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Thanks for Nelsona & Jefkorn.

I just came back from business trip last night. I'll request for 3 years extesion.

Thanks your guys.
 
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I have problems with paper work

I have problems with some data in the form as below:

LCA Case #, I don't know what's this number and how can I get this number.
I need to find out the prevail wage data, wage source and year source published to fill in the form. Can any one provide the prevail wage source website which USCIS accept?

The form listed OES. I checked but failed to find out prevail wage on OES website. It requires to download the "Request for Prevailing Wage Rates" form. I don't have time to wait for this. I need the data immediately.

Since I have EAD, my empolyer may give up to renew my H1 if I can not finish to all paper work for him in time. I appreciate if anyone can give me above information.
 
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