I-140 Approval and 7th year H1 extension

D

dananthak

Registered Users (C)
Hello:
My I-140 got approved on 3/31/03 as per the INS web site;
and my company's law firm filed an H1-B extension for the 7th year on (4/1/03), premium processing.

At the time of filing, the I-140 approval status(apparently)
was not known by the law firm.

My 6 year term ends on June 11, 03.

Now the law firm is saying my H1-extension may not be approved.
But even if file for I-485 soon, I may not get my EAD by
my 6 year term expiration and I may not be allowed to work.

My question is:

Why should approval of I-140 affect my 7th year externsion petition?

Any ideas appreciated.

Thanks in advance.
 
Hello dananthak.

After the I-140 approval you can file your I-485, which will allow you to apply for your EAD card, if you have already done so. You can then work on your EAD card, this your I-485 is approved.

Thus, you don't require a H1 extension to work as you are going to file for change of status.

Thanks.
 
Thanks much, obsoza for your reply.

My main concern was does mere fact that I file my I-485,
allow me to stay in employment even if my H1 runs out,
7th year petition is not approved(because of I-140 approval
and I haven't got the EAD?

Thanks again
 
Once you apply for I-485, you can stay in the country, pending adjustment.
You can only work if you have an EAD in your hand
 
H1-B 6 yr Clock Stops after you file your I-485

Hi,
According to my Attorney,As soon as you file your I-485,your h1-b(6yr) clock stops.So you need not worry about your staying in US,but you MAY NOT work if your 7th yr extension is not approved or if your EAD did not come thru!

Abhi
 
Abhi
Thanks for your reply. I did get my 7th year petition approved.
Apparently, you may file for H1 extensions even if are filing/filed an I-485(provided you don't have your EAD yet). This is called
the 'dual intent doctrine'(i.e both an immigrant & non-immigrant petition).

Anyway, I have some more breathing room now.

Thanks again.
 
Abhi
Thanks for your reply. I did get my 7th year petition approved.
Apparently, you may file for H1 extensions even if are filing/filed an I-485(provided you don't have your EAD yet). This is called
the 'dual intent doctrine'(i.e both an immigrant & non-immigrant petition).

Anyway, I have some more breathing room now.

Thanks again.
 
You must log in or register to reply here.
Top