I140 aprroved, H1 expires before I can apply for I485

[ssaksena]

I am a scientist working in an academic institution in the US. I have a H1B1 visa valid till September 30, 2007. My I94 is valid till October 10, 2007. By this date I would have completed 6 years of H1 status. My I140, EB1 application was approved on June 22, 2007. I am unable to apply for I 485 because of the recent USCIS decision to freeze matters till 1 October 2007. My questions are:

1. Am I eligible to continue working after October 10, 2007? If yes, what steps should I take? Do I need to file for H1 extension right away ? If I file for I485 on 1 October, can I continue working while the case is pending?
2. My work involves lots of travel outside US, which option will help me travel ?
3. My children are on H4 visa (sixth year) with I 94 valid till 10 October? What do I need to do to ensure they have valid status after this date?
Any insight will be apprecited
thanks
Saksena

 

[ginnu]

I am a scientist working in an academic institution in the US.
I have a H1B1 visa valid till September 30, 2007.
My I94 is valid till October 10, 2007.
---------------------- if your visa is valid till September 30, 2007 how did you have I-94 valid till October 10, 2007?
By this date I would have completed 6 years of H1 status. My I140, EB1 application was approved on June 22, 2007. I am unable to apply for I 485 because of the recent USCIS decision to freeze matters till 1 October 2007. My questions are:

1. Am I eligible to continue working after October 10, 2007? If yes, what steps should I take? Do I need to file for H1 extension right away ?
--------------------- File the H1 extension now, with I-140 approved and unable to file I-485 you will get 3 year H1 extension (if asked on LCA and I-129 form and copy of I-140 approval is attached)
If I file for I485 on 1 October, can I continue working while the case is pending?
------------------ you can work on H1 status if you file H1 extension now (better option) OR you will need EAD in hand ( if the PD becomes current in October and you are able to file I-485 and EAD then EAD can take 3-4 months for approval)
2. My work involves lots of travel outside US, which option will help me travel ?
------------------------file H1 extension and NOW .if you file through Premium process then you may get H1 approval in hand in 20-25 days and if you go out after visa stamp expires then you need to get H1 stamp in passport from US consulate
3. My children are on H4 visa (sixth year) with I 94 valid till 10 October? What do I need to do to ensure they have valid status after this date?
----------------with your H1 extension approval file H4 extension of children or dependents, they need to fill up form I-539, sign it, pay the fee. if H4 extensions are sent in the same envelope of your H1 extension then all may get approved same day. dont wait for October , Send H1 and H4 extension now, one can file H1 or H4 extensions 6 month advance of I-94 expiry date
Any insight will be apprecited
thanks
Saksena

-----------------------------------------

 

[ssaksena]

Thanks Ginnu. That was reassuring. Incidentally, regarding your question: most officers at PoE give a 10 day grace period on I94 as compared to the visa.

 

[sahil3]

How soon can I apply for H1bExtention

Hi gurus,
My H1B expires in May 2008. I have an approved I-140 and a retrogessed I-485 (applied and pending). I have gotten AP but do not want to lose my H1 status, just in case I might be bringing a dependent spouse from abroad. How soon can I apply for my H1b extention? Does it have to be within 6 months of the H1B expiry? Or can I apply now?
Thanks!

 

[ginnu]

Hi gurus,
My H1B expires in May 2008. I have an approved I-140 and a retrogessed I-485 (applied and pending). I have gotten AP but do not want to lose my H1 status, just in case I might be bringing a dependent spouse from abroad. How soon can I apply for my H1b extention? Does it have to be within 6 months of the H1B expiry? Or can I apply now?
---------------------------Your employer can file H1 extension 6 months advance of I-94 expiry OR H1 Extension must reach USCIS BEFORE your I-94 gets expired.
Thanks!

---------------