H1b Extension while 140/485 pending

[floridalc]

Can we apply for 7th year H1b extension based on pending 140/485 which was filed in Dec 2004,
Here is my situation can anyone advice me what is the best option

* Applied for labour in 2003 thru a employer in atlanta havent heard anything except the cases are moved to BEC

* Tired of waiting for labour certification so joined a new company which had pre-approved labour and applied 140/485 in Dec 2004 and got EAD.

*I asked my new employer to extend my H1b but he is saying i dont need extension because i already have EAD and i can continue working on EAD

* Old employer through which i filed my labour is favorable to me and he will help me in any situation

So since my new employer is not doing h1 extension can my old employer do it based on pending labour even though i am not working for him
Is using EAD a risk i am taking?


Any input appreciated..

 

[rkishore999]

Can we apply for 7th year H1b extension based on pending 140/485 which was filed in Dec 2004,
Here is my situation can anyone advice me what is the best option

* Applied for labour in 2003 thru a employer in atlanta havent heard anything except the cases are moved to BEC

* Tired of waiting for labour certification so joined a new company which had pre-approved labour and applied 140/485 in Dec 2004 and got EAD.

*I asked my new employer to extend my H1b but he is saying i dont need extension because i already have EAD and i can continue working on EAD

* Old employer through which i filed my labour is favorable to me and he will help me in any situation

So since my new employer is not doing h1 extension can my old employer do it based on pending labour even though i am not working for him
Is using EAD a risk i am taking?

Old employer applying for H1 extension when you are working for the new one is a grey area to me. It may/may not be possible. Have a chat with an attorney.

Going on EAD will be a little risk until your 140 is approved. not a total risk as I think chances for the denial of 140 are remote. But, if not at all 140 is denied, EAD would be subsequently denied and you would become out of status if you don't leave the country.


Any input appreciated..