H1B period ending in Nov'06 - Dr Hardon, Please help

L

lc_seeker786

New Member
I am IM PGY2 resident. I'll be finishing 2YR residency in Sep'06. My H1 6yr term ends in Nov'06. I already recaptured the time spent abroad. My husband's labor is pending for 5 years and there are chance we might get labor soon.

Just to buy some time, I plan to apply for H1B extension, may be based on my husband's pending labor. By the time DOL gets back it'll be atleast 6 months. By then if my Husband gets LC & EAD, its good. Otherwise, I plan to go back to my home country to reset H1 6yr clock.

IS IT LEGAL TO STAY IN US WHILE H1B APPLICATION IS PENDING ?
IS IT A GOOD STRATEGY ?

Thanks,
Dr. P
 
on a lighter note

On a lighter note, his name is HADRON, not hardon....:-)

I am no expert, however, you mention he may get EAD, as his Labor may get approved....EAD has nothing to do with LC getting approved. He and by extension, u can get ead only after he can file I-485...ie if the dates are current for your category and country.

Tans
 
Hadron must be used to these freudian slips by now :D

1. I am not sure u can file H1b extension, on the basis of your hubbys pending LC. If its your own, then its a different matter.I guess u can file H1B extension on whatever premise and stay in US till u get a reply from INS. Drawback is if it is not aprroved, u will be considered out of status from the date current H1B expires.


2. If your hubbys labor is pending, i suspect he hasnt filed an I-140 yet. My understanding is u get EAD only after u/ or your hubby have filed I-485 which depending upon his case may or may not be filed concurrently with I 140. If you are from a retrogression country like India, then u will have a tough time filing I 485 in time.

I think u r in a sticky situation with time running short. Hope u have a good attorney.
 
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