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H1b Extension after I485 pending
- Thread starter Daloon
- Start date
gc_retrogress
Registered Users (C)
As long as you are waiting to get a visa because of retro you can always get H1 extension, I believe it should for three years since you are I-140 is approved.
Simply send them I-140 approval copy and ask for extension it should be done. Staying on H1 is always good.
Simply send them I-140 approval copy and ask for extension it should be done. Staying on H1 is always good.
gc_retrogress said:As long as you are waiting to get a visa because of retro you can always get H1 extension, I believe it should for three years since you are I-140 is approved.
Simply send them I-140 approval copy and ask for extension it should be done. Staying on H1 is always good.
Thank you.
Another question, can I file the I-129H by myself? ,if the form is signatured by my employer and not through a attorney?
gc_retrogress
Registered Users (C)
H1 petition needs to be signed and applied by the company. Immigration and employment visas are all employer specific applications.
Daloon said:Need help.
My H1b will expire on March and my I485 is pending no progress.
My question is if my company support my extentiom of H1B, can I file the H1B extension by myself? how many years can I get for new H1B?
Why do you prefer an H1b instead of EAD... both die together if 485 dies.
H1b is more expensive and doing it yourself is not a great idea as you need to get the labor approved...
Although the application for labor is simple, but it should be done either by Ur employer or attorney.
EAD is all simple .. U can do it Urself.
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Daloon said:Need help.
My H1b will expire on March and my I485 is pending no progress.
My question is if my company support my extentiom of H1B, can I file the H1B extension by myself? how many years can I get for new H1B?
If the extension is going to be with in your first 6 years period, I prefer to use EAD so that you can save remaining time in H1B. If it is after 6 years extension both are same. Do not waste time/money. If 485 is denied, H1B will automatically become invalid.
gc_retrogress
Registered Users (C)
wow...I did not know that H1 would become invalid if I-485 is denied. I thought it is a separate status. Why should that be denied?
Can some explain and present some factual info?
Can some explain and present some factual info?
gc_retrogress said:wow...I did not know that H1 would become invalid if I-485 is denied. I thought it is a separate status. Why should that be denied?
Can some explain and present some factual info?
One can stay in H1B maximum of only 6 years. All further extension beyond 6 years are given based only on your pending application for GC, in order to stay in a status till you get GC (It can be given based on pending/approved LC or pending/approved 140 or pending 485). Once 485 are denied, there comes final stop for GC. All the underlying benefits like EAD, AP or H1B extension beyond 6 years are invalid. However, it is not the case, if LC or 140 denied as those can be appealable, but 485 is not.
This is not entirely correct.
H1 extension is dependant on your Labor and 140 approval, not on your 485. If 485 gets rejected...for n number of reasons...you have 1 month to file motion to reopen. In that one month...before you file MTR....the Labor and 140 are still valid...and your H-1, which is dependant on those is still valid. But, if you are on EAD....for the time 485 rejection and the MTR...you are out of status.
H1 extension is dependant on your Labor and 140 approval, not on your 485. If 485 gets rejected...for n number of reasons...you have 1 month to file motion to reopen. In that one month...before you file MTR....the Labor and 140 are still valid...and your H-1, which is dependant on those is still valid. But, if you are on EAD....for the time 485 rejection and the MTR...you are out of status.
mncbabu said:One can stay in H1B maximum of only 6 years. All further extension beyond 6 years are given based only on your pending application for GC, in order to stay in a status till you get GC (It can be given based on pending/approved LC or pending/approved 140 or pending 485). Once 485 are denied, there comes final stop for GC. All the underlying benefits like EAD, AP or H1B extension beyond 6 years are invalid. However, it is not the case, if LC or 140 denied as those can be appealable, but 485 is not.
GaramChai2go
Registered Users (C)
I think u r right otherwise my attorney won't suggest it.KMax said:This is not entirely correct.
H1 extension is dependant on your Labor and 140 approval, not on your 485. If 485 gets rejected...for n number of reasons...you have 1 month to file motion to reopen. In that one month...before you file MTR....the Labor and 140 are still valid...and your H-1, which is dependant on those is still valid. But, if you are on EAD....for the time 485 rejection and the MTR...you are out of status.
hello_me123
Registered Users (C)
Hello UN
Thanks for your reply. As you mentioned that as long as your H1B is accepted, no matter what happens to your I-140, still you are ok till the H1B approval.
Is it true if 140 is accepted and 485 is denied, but you still have H1B validity.
Pls shed some light
Thanks for your reply. As you mentioned that as long as your H1B is accepted, no matter what happens to your I-140, still you are ok till the H1B approval.
Is it true if 140 is accepted and 485 is denied, but you still have H1B validity.
Pls shed some light
unitednations said:Yes, you still have h-1b validity.
It also depends on what reason 485 was denied. H-1b buys you time to stay legally while you sort out 485 denial reasons.
Also, I-94 remains valid even if something happens to 140.
Even after 485 is denied .. one still has 180 days in hand to sort things out..
One of my friend who left the country, he had 8th year of extension H1b.. He got 485 denied .. (RFE not replied, which he did not get).
When he tried to enter the country using H1b -- his entry was denied.
The officer told him that h1b is no longer valid..... was that a mistake?
gc_retrogress
Registered Users (C)
If he had a good lawyer he could have fought for it at the border, the immig fella will call your lawyer and he can clarify.
He might have been denied because of other reason, if he had been denied entry because of this then that was a mistake.
He might have been denied because of other reason, if he had been denied entry because of this then that was a mistake.
Nadi said:Even after 485 is denied .. one still has 180 days in hand to sort things out..
One of my friend who left the country, he had 8th year of extension H1b.. He got 485 denied .. (RFE not replied, which he did not get).
When he tried to enter the country using H1b -- his entry was denied.
The officer told him that h1b is no longer valid..... was that a mistake?