(1) Filed I-485 will not be approved unless PDs are current (again) for July 2007 Filers . I think I am correct. Any views?
(2) There are lot of confusions(!) over the usage of EAD along H1B. I have researched various websites and my inferences are below.
(a) H1B extension (6th year) and H4 extension is ALWAYS POSSIBLE though these applicants used their EAD and AP. And this is ALWAYS possible ONLY if the H1 continue working with the H1B employer who filed his/her GC.
It is safer to do these extensions in case of any issues with I-485.
(b) If H1Bs want to do part-time job, he should use EAD for both his full time and part time jobs. His part time job may be anything.. irrespective of his field. As per above (a) - he can still extend his H1B to his 6th year thru his H1B employer (to be on the safer side).
(c) If H1B changed his job after the receipt of I-485, and if he used EAD for this job - his previous H1B is gone. In this case, H4 (if she used EAD) cannot comeback from EAD to H4 in case of I-485 denial.
(d) If H1B go outside US - he can use his valid H1B petition (if not stamped in passport, he can go to his country US consulate and get stamped and can come back) . BUT, it is recommended to use AP. Because, if you get I-485 approval, your H1B status is gone immediately. In this situation, if you are outside US, you will be in mess to return to US. So, use AP in this case. Come back with AP status. You still can extend your H1B as per above item (a).
So, as per my understanding, the key-word is 'continuing with your H1employer who filed your GC' untill your I-485 is approved.
(3) Lets see about 'I-485 pending' case with H1B.
(a) Approved 140 + I-485 pending + PD is not current at the time of extension filing = You can get 3-yr H1 extension
(b) Approved 140 + I-485 pending + PD is Current at the time of extension filing = You can get 1-yr H1 extension
Any different opinions on the items above? Kindly note that mine is not a legal advise. I compiled these items after reading various sites and forums. I request you guys to post your views in this regard.
(2) There are lot of confusions(!) over the usage of EAD along H1B. I have researched various websites and my inferences are below.
(a) H1B extension (6th year) and H4 extension is ALWAYS POSSIBLE though these applicants used their EAD and AP. And this is ALWAYS possible ONLY if the H1 continue working with the H1B employer who filed his/her GC.
It is safer to do these extensions in case of any issues with I-485.
(b) If H1Bs want to do part-time job, he should use EAD for both his full time and part time jobs. His part time job may be anything.. irrespective of his field. As per above (a) - he can still extend his H1B to his 6th year thru his H1B employer (to be on the safer side).
(c) If H1B changed his job after the receipt of I-485, and if he used EAD for this job - his previous H1B is gone. In this case, H4 (if she used EAD) cannot comeback from EAD to H4 in case of I-485 denial.
(d) If H1B go outside US - he can use his valid H1B petition (if not stamped in passport, he can go to his country US consulate and get stamped and can come back) . BUT, it is recommended to use AP. Because, if you get I-485 approval, your H1B status is gone immediately. In this situation, if you are outside US, you will be in mess to return to US. So, use AP in this case. Come back with AP status. You still can extend your H1B as per above item (a).
So, as per my understanding, the key-word is 'continuing with your H1employer who filed your GC' untill your I-485 is approved.
(3) Lets see about 'I-485 pending' case with H1B.
(a) Approved 140 + I-485 pending + PD is not current at the time of extension filing = You can get 3-yr H1 extension
(b) Approved 140 + I-485 pending + PD is Current at the time of extension filing = You can get 1-yr H1 extension
Any different opinions on the items above? Kindly note that mine is not a legal advise. I compiled these items after reading various sites and forums. I request you guys to post your views in this regard.
