I-140 not processed, H1-B expiring, EAD available

[whatsupsbk]

Hi Rajiv and All,

Thank you for the wonderful service you setup. I have a few questions below:

My first 3 years of H1-B is going to expire towards the end of May.

1. GC applied through my current employer in EB3 category
2. Received my EAD
3 I-140 not approved yet
4. Finished 6 months since the receipt notice of my I-485
5. I-140 is in the backlog center, no clue as to when that will get approved
6. I would like to work as an independent contractor on my EAD now considering that it's been more than 6 months since the receipt notice of I-485
7. As I-140 is not approved, I have to stay with current employer. And for that I need to file for my H1-B extension at the end of May, 2008 for another 3 years.

I am totally confused as to what I should be doing. If I have to apply for H1-B extension, how long can I wait to apply for one before my current H1-B expires on May 29, 2008, so that I will not be out of status while I am still waiting for my I-140 approval. Is it still safe to apply for H1-B extension even though my I-140 is approved? Or should I be talking to my employer to relieve me, now that I've been there with him for 3 years?

Recently, USCIS opened EB3 until August 1st, 2001, my priority date is May, 2003, might be a silly question, but any clue how much time it'll take to reach May, 2003?

Your valuable suggestions are highly appreciated.

Thank you,
Prashant

 

[yog_23]

Its always a risk to change employers & work on EAD when I-140 is not approved. Old employer can revoke I-140.

H1 extension - can apply just before a week as well if you plan on premium processing. If you want to apply in regular processing, can apply now as it takes long time usually....

Thanks
Yog

 

[KMax]

Stay with the employer till 140 is approved. Don't even think about changing employers without that. With the EAD it is tempting but you need to show some patience and hold on to your horses.