I140 Pending and H1B expiring

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MinOct03

Registered Users (C)
Gurus- I need some suggestions and If any one is in similar situation:
My H1B expires on March 1, 2005 and I have I140 (EB2 RD 10/22/03) pending at NSC. I have EAD valid till 12/01/05. Do I have to renew my H1B as a backup plan? In the event that I140 is denied, and I dont have H1B, I will be out of status.
 
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MinOct03 said:
Gurus- I need some suggestions and If any one is in similar situation:
My H1B expires on March 1, 2005 and I have I140 (EB2 RD 10/22/03) pending at NSC. I have EAD valid till 12/01/05. Do I have to renew my H1B as a backup plan? In the event that I140 is denied, and I dont have H1B, I will be out of status.
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Oh, man,

You should've applied your H1B ext earlier, at least 3 months before your expiration date.

You can apply for it now. It's definitely safer. You should always use H1B anyway.

fiveice
 
you should apply for h1b extension at least 6 months in advance. This is the disadvantage of people handling the process themselves. If you had an attorney and he didnt tell you this, he should be fired
 
fiveice and bigbadwolf- thanks for your feedback. I have been telling my company attorney for last couple of months about this situation. He told me that its not necessary. I have my spouse working on EAD and he says if I extend my H1B, spouse needs to get her H1B processed and she can not use EAD.

bigbadwolf said:
you should apply for h1b extension at least 6 months in advance. This is the disadvantage of people handling the process themselves. If you had an attorney and he didnt tell you this, he should be fired
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FIRE UR ATTORNEY!

You must apply H1B extension as a back-up plan ASAP.
Your wife can continue working on EAD, just make sure you apply for EAD renewals atleast 90 days before the expiry date.
 
sra123 is right..go ahead and apply h1 ext now. at least 15 day's before expr of h1.



sra123 said:
FIRE UR ATTORNEY!

You must apply H1B extension as a back-up plan ASAP.
Your wife can continue working on EAD, just make sure you apply for EAD renewals atleast 90 days before the expiry date.
Click to expand...
 
MinOct03 said:
Gurus- I need some suggestions and If any one is in similar situation:
My H1B expires on March 1, 2005 and I have I140 (EB2 RD 10/22/03) pending at NSC. I have EAD valid till 12/01/05. Do I have to renew my H1B as a backup plan? In the event that I140 is denied, and I dont have H1B, I will be out of status.
Click to expand...

Because of the H1 fee changed from 180$ to 2000+$, now most of the companies are not willing to extend the H1 if you have EAD.

You attorney is right. On March 1st you can tell your HR that you will be working on EAD. then you keep renewing your EAD till you get your GC.

For some reason your 140/485 is denied then you are safe if you keep you H extended. again after deniel how long you can be in H may be max an year?

If you are paying from your packet, you have to think, do you want to do this every year(2000+$) and also do you want to get visa stamped in your passport whenever you plan to go to your home country? (Ofcourse you can use your AP and you can still maintain your H)

it is upto... be positive buddy. (find out the denial rate from your company that will give you some idea)
 
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jkvaisnavi, my case is the first case ever for this employer for processing a green card. I really can not find out about denial rate. But I will be talking to the Attorney again and getting h1 extension filed.
thanks for your feedback
 
I think new fee starts on or after Mar 08,2005 , but not sure.

Also, If you are employed by an employer with no more than 25 Full-Time Employees as defined on the Form I-129W, the fee is $750 ( otherwise $1500).
 
MinOct03 said:
jkvaisnavi, my case is the first case ever for this employer for processing a green card. I really can not find out about denial rate. But I will be talking to the Attorney again and getting h1 extension filed.
thanks for your feedback
Click to expand...

My H1B has expired on the first week of Feb, but I told my attroney, that I would like to maintain my H1B status and told him to file for extenstion, and they filed it in the first week of Jan, so you can apply now also, no problem, as soon as you get a receipt notice, you automatically get an employment authorization (different from EAD, but this temporary period before getting actual extension is called this way), so you can continue to work with the HiB extension application receipt.

Your wife can use EAD, that will not change your status from H1B, as long as you do not use your EAD. It is preferrable to have H1B status at least till I-140 is cleared.
 
I have submitted my H1 B for renewal while my I140 is pending. Can I still use my Advanced Parole for International travel before I get approval notice for H1B?
 
My understanding is that once you used your AP, you are no longer in H1B status, and you have to use EAD to work since.

Actually, at least two attorneys told me that.

fiveice
 
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