I-485 & 7th Year H1 extension.

T

tivam

Registered Users (C)
Hi Guys,

Please help me with this situation.

I have applied for 7th year H1 extension last week. My current H1 expires on the 10th of this month. If I do not get a reciept notice by 10th can I keep working on H1 since I have applied for an extension or do I have to Use EAD? If I have to use EAD then that means I will loose my H1 status which I do not want to and 7th year extension becomes meaning less in that case.

Is there any additional time given for H1 extension after the expiry date? I mean in the case of Passport renewal (Indian Passports atleast) a renewal can be done, till six months after the passport expiry date. Is there some thing like that for H1 extensions also by any chance? Does anybody know?
 
IMO, there is no point to apply for H-1B 7th year extension if you have an EAD already. It doesn't buy you anything at all.
 
King1999,

It is always better to maintain your H1 status if you have an option. There are several threads in this forum where people are waiting anxiously for their EAD extensions to be approved before their current EAD expires. That is one main advantage of maintaining your H1 status. You don't have to wait for the approval, u just need to file the application before your current H1 expires.

Tivam,
In my opnion, if you have a tracking number or delivery confirmation notice (if you used fedex or registered post or something like that) you can continue working. In the worst case you can take a few days off till u get the receipt notice.
 
Thanks Dinnu

Applying for H1 extension for sure buys peace of mind.

I cannot take off as my project has to go live by this month end. Infact we are in a tight schedule. What would happen if I get a reciept notice and the reciept date is after the H1 expiry? In that case should I be using EAD or can I be on H1 since I have applied for H1.

I just want to gauge the worst case seniario.
 
Dinnu has already advised you that if you have the Fedex/tracking number which gives you the assurance that it has reached USCIS that is sufficient. The received date in the notice will attest that fact and you can continue working.
 
Tivam,

It always good to have a H!B while the I485 is pending. It is a kind of insurance if your I485 goes somewhat wrong. Also it is very good for those that need to travel because there is no need to depend on AP. Peace of mind is the best definition.

Regards,

JLSBR
 
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