H1B Extention after 6 years

K

kumara_mudide

Registered Users (C)
Hi Everyone,

Presently I am on H1B and 18 months time left on my H1B(out of 6 years). My employer is willing to start GC.

1. Because I have only 18 months left on my H1B, is there any chancess that I can stay in US till I here 485 decistion. If there are any possibilies from which states I should start GC.

Ans:

2. I understabd that when Labor clearence/140/485 is pending for 365 days I can extend my H1B for 7th year. But what happens if Labor Clearance approved in 11 months and the we apply 140/485 together and it will pending for only 7 months. In this case I have to leave the country becaure none of the above is pending for 1 year?

Ans:

Please me.
 
kumara_mudide,

You can stay in US once your 485 is filed. 485 is adjustment of status. However to work - you need EAD, if you do not have valid H1B. You can apply for the same when apply for 485. You can stay till 485 is decided and more if approved.

For your question 2 - file 140/485 once your LC is done. Also apply for EAD. You do not have to leave USA.
 
Last edited by a moderator:
I am very thankful to you.

You mean, once 485 is filled I can stay in US even if thre is no time left on H1B and I can work with EAD. But I cannot extend H1B because LC/140/485 is not pending for 365 days. Is this right?

Now my question is "I heard that using EAD may not be safe". Could you please tell me what worst might happen if I use EAD.

Please help me.
 
You mean, once 485 is filled I can stay in US even if thre is no time left on H1B and I can work with EAD.

Yes

But I cannot extend H1B because LC/140/485 is not pending for 365 days. Is this right?

Yearly extension is based on pending LC and not on 140/485.

Now my question is "I heard that using EAD may not be safe". Could you please tell me what worst might happen if I use EAD.

I don't know why using EAD will not be safe? In any case is 485 is denied your H1b ceases to hold good. Same is case with EAD. Except that some people feel you can appeal in AAO and maintain valid status. I do not think it is possible really and if possible, it should hold for EAD too. Check with a professional lawyer.
 
I am very thankful to your time. Just one more question. That is all I have.

When LC is pending for 1 year I can extend the H1B 7th year. This 1 year pending period is sum of State and Federal peding time or just State pending time? For example, State takes 10 months and Federal takes 3 months. In this case can I extend H1B for the 7th year.

Please help me
 
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