H1B extension after expiry

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reddies007

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Hello everyone,

I am new here and my situation is unique. My first H1B status expired on 12/30/2007 and it was not renewed. I have an I-485 pending with a valid EAD till 10/2008. My question is
1. Can I extend my previous expired H1b visa for another 3 years?
2. If that is not possible, then can I apply for a new H1b immediately without waiting till April 2008 (when the current year applications start)?
3. If I do this, would that have any effect on my current I-485?

I am asking this b'cos I want to get married and without a valid H1, I can not get the spouse to US. I know I can go on AP, but she can not come until the PD are current. Can any one of you please advice?

Thanks & Regards.
 
You should have applied for an extension before December 30, 2007. Now your employer need to file a new H-1B on April 1, 2007. You have to travel abroad to get that stamped (along with H-4 applicant) to regain the H-1 status.

I don't know of any other way to regain H-1B status ...
 
I did a paid consulting with Murthy's firm today. They have suggested nunc pro tunc h1b. I'll be trying that and lets see what happens.
 
reddies007 said:
Can I extend my previous expired H1b visa for another 3 years?
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Probably, but you'll need to leave and re-enter the US before you can return to H-1 status.

If that is not possible, then can I apply for a new H1b immediately without waiting till April 2008 (when the current year applications start)?
Click to expand...

If your original H-1 was subject to the cap, you need not wait.

If I do this, would that have any effect on my current I-485?
Click to expand...

No.

I did a paid consulting with Murthy's firm today. They have suggested nunc pro tunc h1b.
Click to expand...

I am at a loss why they would suggest this, unless you want to avoid leaving and re-entering the US.
 
Yes, even if I get my h1b with the nunc pro tunc process, I still have to go outside US and re-enter. But that would make the spouse dependent on me as I would have the H1 visa. Otherwise, she can come only with her own visa or after her 485 gets approved (after she is added to my 485 when pd is current and waiting for her 485 to get approved).
 
h1b visa extension after expired 2 yrs before

my h1b visa got expired 2 yrs before and i travelled once on that and i'm currently in my home country. Can i apply now for extension of old h1b or do i need to go for new one?
 
I believe there is a ruling for those individuals who did not left original H-1B petitioner and filed I-485 and started working on EAD for same employer but fail to extend H-1B, they can reinstate H-1B at later time.
 
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