H1B 7thyr extn while AC-21 is in process

J

jyoth

Registered Users (C)
I have two questions regarding Ac-21

1. We applied for Motion to reopen(Ac21) and I-485 process is under AC-21.
Need to apply for a 7th year extension. I do not have a another
labor. what is my position now. How it is possible to get a 7th year extension while the Ac-21 is in process?

2. My dependent is on EAD. If AC-21 is denied then I know dependent will become invalid status and they
need to leave the country. Again are they can come back to USA on H4 visa?

Please advise....
 
jyoth said:
I have two questions regarding Ac-21

1. We applied for Motion to reopen(Ac21) and I-485 process is under AC-21.
Need to apply for a 7th year extension. I do not have a another
labor. what is my position now. How it is possible to get a 7th year extension while the Ac-21 is in process?
-------------- file 7th year H1 and attach copy of pending I-485 filing reciept
2. My dependent is on EAD. If AC-21 is denied then I know dependent will become invalid status and they
need to leave the country. Again are they can come back to USA on H4 visa?
--------------- Only if I-485 denied you and depenends are not AOS pending and EAD ap is invalid, AC21 has nothing to do with that AC21 is used for pending I-485 and you submit new permanent job offer letter . if you are on H1 then dependent can come on H4 status and need to get H4 visa if they dont have valid Visa stamp.


Please advise....
Click to expand...
 
Hi Jyoth,

1) You can get 7th year visa extention through another company if your visa is still valid (not expired).

2) Again, if H1 and H4 are still valid, AC-21 doesn't matter. Otherwise all your family members status becomes invalid and you have to leave the country.

But, if your case is under MTR, you don't have to worry until it is approved/denied.
 
luckyandcurious said:
Hi Jyoth,

1) You can get 7th year visa extention through another company if your visa is still valid (not expired).
--------------------- visa stamp can be expired , only valid I-94 and valid H1 status is needed if one is eligible for 7th year H1 extension
2) Again, if H1 and H4 are still valid, AC-21 doesn't matter.
----------- H1 or H4 has nothing to do with AC21. AC21 is used to approve pending I-485 based on new job offer.H1,H4 are not related to AC21
Otherwise all your family members status becomes invalid and you have to leave the country.

But, if your case is under MTR, you don't have to worry until it is approved/denied.
Click to expand...
 
Thank you for your information. One more question on H1B extention.
Is there any time limit for applying H1B extension? In December, it will expire.
Is it right time to apply or can I wait some more time? Can you let me know the time limits?
Thanks in advance.
 
If my previous labor never been used by other people, am I correct that I can extend my H1b for ever through new employer, even if my 485 is not filed yet?TIA
 
jyoth said:
Thank you for your information. One more question on H1B extention.
Is there any time limit for applying H1B extension? In December, it will expire.
Is it right time to apply or can I wait some more time? Can you let me know the time limits?
Thanks in advance.
Click to expand...
---------- one can apply H1 extension 6 months advance or the extension need to reach USCIS BEFORE I-94 gets expired. you can file now
 
luckyandcurious said:
Hi Jyoth,

1) You can get 7th year visa extention through another company if your visa is still valid (not expired).

2) Again, if H1 and H4 are still valid, AC-21 doesn't matter. Otherwise all your family members status becomes invalid and you have to leave the country.

But, if your case is under MTR, you don't have to worry until it is approved/denied.
Click to expand...


If I start using my EAD, what is the status of my H1-B ??? My original 6 year period ends in Jan 07. The company already filed my H1-B extension based on my approved I-140 and I'm working on EAD. Now my I-140 was revoked and I-485 was denied.

I already filed my MTR. Can I continue to work with the current employer? Lawyer says its ok till I hear something about my MTR. If that is denied too, then I don't have too many options.

Please explain my options at this point.
 
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