I-140 CP pending and 6years H1B Expiring 04/21/2004, Please help

[seshu1973]

Hi,
I have filed for my H1B Extention last year October'03 and got approved on 04/08 and the Expiry Date the INS has given is 04/21/2004 ( My 6 years from the Port of Entry into US is Actually Sep'1998). The lawyer has done the mistake since they put my Initial Date of POE as 04/21/1998 ( which is on my H1B Approval ).
And i have filed for my I-140 for CP and not approved. So what is the best solution?

The lawyer is currently applying for my H1B extention again for the 4 months period left for my 6 year period.

Do i need to file for my I-485, EAD and also can i continue still working as they are filing for my Extention?

Thanks in advance..

 

[ginnu]

Originally posted by seshu1973
Hi,
I have filed for my H1B Extention last year October'03 and got approved on 04/08 and the Expiry Date the INS has given is 04/21/2004 ( My 6 years from the Port of Entry into US is Actually Sep'1998). The lawyer has done the mistake since they put my Initial Date of POE as 04/21/1998 ( which is on my H1B Approval ).
And i have filed for my I-140 for CP and not approved. So what is the best solution?
---------------File 7th year H1 extension with I-140 filing reciept
The lawyer is currently applying for my H1B extention again for the 4 months period left for my 6 year period.

USCIS generaly dont recaptutre the days spent out of US, you are eligible for 7th year H1 on base of I-140 pending why dont your lawyer file 7th year H1 extension??
Do i need to file for my I-485, EAD and also can i continue still working as they are filing for my Extention?
---------------------- if you have got the I-140 filing reciept file your I-485, EAD, AP
one can have H1 and I-485 pending at same time. it will be better for you to file I-485 and H1 extension becase your I-140 is not approved at this time and if any problem with I-140 then I-485 will not stand as I-485 is based on I-140 and your H1 status will give you back up to stay and work in US and H1 status is in your intrest
Thanks in advance..