I am a Junoir member. I have some questions. Please help.

A

Anil_Verma

Registered Users (C)
I have applied my 140/485/EAD/AP for me and my wife and my daughter in May 2004. My daughter is studying in India. We have applied her 485 and AP when she came here for summer vacations. She left to India in July.

My H1-B and my daughter's H4 are expiring (6 years) in October 04. My attorney is saying that she has to come to US before her H4 expires and go back to India on AP in order to maintain the status. Is this right ? Or is there any alternative for that ? Can I apply for H1-B 7th year extension and H4 for my daughter and can she come to US with that H4. Please clarify.

If I apply for 7th year extension, in case there are any issues with my 140 and denied, can I stay in the US till the end of 7th year extension ? Or I will be out of status immediately after 140 is denied ?

Can somebody please clarify ?
 
In order for you to apply for the 7th year extention of H1B, the I140/485 should be more than 365 days old on the day of 6th year expiration. This means that you should have filed the I140 application at least in October 2003 to be eligible for the 7th year extention of the H1B.

It is my understanding you will be out of status if I140 is denied. But you can appeal and be in status again. What you will gain is hopefuly your petition being approved and more time to explore other options.

I am not sure what happens to EAD when you file the appeal.
I will take the attorneys advice. I think the attorney is right.
 
7th Year extension

The requirement for 7th year extension is that your labor application should be older than 365 Days and for substituted labor I beleive it is your I140 should be 365 days old.
 
That is true if you are going through labor certification procedure.

With other options EA, OR, or NIW the I140 should be 365 days old.
 
C Blo

Anil_Verma said:
I have applied my 140/485/EAD/AP for me and my wife and my daughter in May 2004. My daughter is studying in India. We have applied her 485 and AP when she came here for summer vacations. She left to India in July.

I believe you posted this one bit late. Usually any one can get AP with in day 1 or 2 if there is urgenC before leaving the US who file 485.




My H1-B and my daughter's H4 are expiring (6 years) in October 04. My attorney is saying that she has to come to US before her H4 expires and go back to India on AP in order to maintain the status. Is this right ? Or is there any alternative for that ? Can I apply for H1-B 7th year extension and H4 for my daughter and can she come to US with that H4. Please clarify.

You can if you get 7 th year ext based on Labor filed 365 ahead of 6th yaer completion

If I apply for 7th year extension, in case there are any issues with my 140 and denied, can I stay in the US till the end of 7th year extension ? Or I will be out of status immediately after 140 is denied ?

Yes U can stay, If you NOT activated EAD

Can somebody please clarify ?
Click to expand...
 
You must log in or register to reply here.
Top