H1B Nearing Expiration

[venky1971]

Hello Guys,
My situation is like this:My h1b is nearing expiration(Aug 04).My wife has applied for GC and got her I-140 approved.We are going to apply for I-485,AP and EAD for both of us.Now my doubt is with the EAD in hand what will be my position after my H1B EXPIRES?

And the other basic question is how the calculation of 6 yrs goes?I was out of US for about 7 months in all these six years.

Thanks for the information in Advance.

-Venky1971

 

[ginnu]

My situation is like this: My h1b is nearing expiration (Aug 04).
My wife has applied for GC and got her I-140 approved.
We are going to apply for I-485,AP and EAD for both of us.Now my doubt is with the EAD in hand what will be my position after my H1B EXPIRES?
------ Your status will be AOS or adjustment of status pending or I-485 pending, once you get EAD you can work with any employer with EAD and if you use EAD then you need AP approved in hand before you go out of US and have to come back with AP before AP expires
And the other basic question is how the calculation of 6 yrs goes? I was out of US for about 7 months in all these six years.
----- Your 6 years are counted from the date you entered first time in US with H1b visa. if you were out of US for 7 months you can apply for H1 extension and recapture 7 months you need good lawyer to do it and you should file for 7 months extension before your I-94 expires
**** If ANY employer filed LC for you in past and you have evidence that it was filed more than 365 days you can get7th year H1 extension based on Any employer LC filed for you