H1B approaching 6 years, NIW I-140 pending

A

aguy

Registered Users (C)
Hi,

My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.

What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?

Thanks.
 
oh. I thought that as long as one filed I-140 before the end of 5th year of H1B, it was okay.

My current H1B expires on July 1, 2008.
My six years will be up on Aug 28, 2008.
My I-140 receipt is dated Aug 06, 2007.

Am I in trouble? Will I have to renew H1B twice, once from july 1 - Aug 28, and then from Aug 28, 2008 - Aug 27, 2009?

Or will I be able to renew my H1B from July 1 08 to June 30 09 even though it hasnt been 1 year for i-140 to be pending?
 
aguy said:
oh. I thought that as long as one filed I-140 before the end of 5th year of H1B, it was okay.

My current H1B expires on July 1, 2008.
My six years will be up on Aug 28, 2008.
My I-140 receipt is dated Aug 06, 2007.

Am I in trouble? Will I have to renew H1B twice, once from july 1 - Aug 28, and then from Aug 28, 2008 - Aug 27, 2009?
Click to expand...

In case if you end up renewing twice - when you file for extension between July 1 - Aug 28 - you can also ask for adding anytime that you spent outside US to that period. For instance if you traveled outside US 2 times - 1 month each in duration - then you ask for those 2 months to be added to the July 1 - Aug 28 period - which will get you 2 more months.



Or will I be able to renew my H1B from July 1 08 to June 30 09 even though it hasnt been 1 year for i-140 to be pending?
Click to expand...
 
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