H1 vs EAD - Please advise

[patram]

This is my friends situation.
He is in the sixth year(completes sixth year in june/2004) on H1. He got his H1 transferred to a new company and the validity is till March/2005.

Is it OK to continue working on this new H1 till March/2005 or does he need to apply for 7th year extention as he is waitng to get labor cleared.

Does he need to let BCIS know that its a mistake to give till March 2005.
Would there be a problem for him during further stages of GC.


(P.S. His attorney said no need to inform BCIS or need for 7th year extension and just continue on till March 2005)

 

[sam99]

Originally posted by patram
This is my friends situation.
He is in the sixth year(completes sixth year in june/2004) on H1. He got his H1 transferred to a new company and the validity is till March/2005.

>>Is it OK to continue working on this new H1 till March/2005 or does he need to apply for 7th year extention as he is waitng to >>get labor cleared.

Yes it is perfectly ok to work with existing h1 visa and no need for extension. He can apply for 1 yr extension just 5 months before the actual h1 expire, which is march 2005.

>>Does he need to let BCIS know that its a mistake to give till March 2005.
Dont trouble the trouble unless trouble troubles you. By any chance, your friend was out of US, if yes, then that period wont count towards 6 yrs of h1. So no need to inform INS.

>>Would there be a problem for him during further stages of GC.
No not at all, 797 petition was issued by INS, so its their mistake( if any) and your frnd wont be liable for that.

This is my opinion, your frnd might want to take some legal advise.

(P.S. His attorney said no need to inform BCIS or need for 7th year extension and just continue on till March 2005)