If H1 expired and EAD is pending, do I have to leave country? Please help

R

Raju678

Registered Users (C)
My H1 expires on July 1, 2004 ( in 3 months ). I want to join Company A on H1 which has a LC matching my experience but the LC says "Degree not required".

Now one lawyer tells me that INS can revoke my H1 from Company A If Company A uses that LC for my green card as the LC says "Degree not required". But the lawyer of the company tells me that it is not a problem at all.

My question is

1) What do you guys think about this LC situation? I really respect the opinions of the people in this community.

2) If I file EAD in 10 days and I don't get it approved in 80 days, my H1 would have expired. Now during those 10 days I'll out of status. Would I have to leave the country during those 10 days or Can I stay and just not work?

The law firm told me that I can't get an H1 extension as LC was not filed originally on my name .

Thanks
Raju
 
lawyer of the company tells me that it is not a problem at all.
---- lawyer is correct becase H1 petition has nothing to do with future job or LC
1) What do you guys think about this LC situation? I really respect the opinions of the people in this community.
----- file the I-140, I-485, EAD and AP with copy of LC
2) If I file EAD in 10 days and I don't get it approved in 80 days, my H1 would have expired.
----- you need to file I-140, I-485 and EAD, AP, once you get I-485 filing reciept your status will be AOS pending, if you dont get EAD before expiry of H1 then take leave till you get EAD. you must file I-140 I-485 EAD ASAP dont waist the time
Now during those 10 days I'll out of status.
----- if you file I-485 when you are on H1 status then no problem, file ASAP before your I-94 expires
Would I have to leave the country during those 10 days or Can I stay and just not work?
---- if I-485 filed and get reciept you are OK to stay but will not be able to work till you get EAD , you need H1 or EAD for work
The law firm told me that I can't get an H1 extension as LC was not filed originally on my name .
----- That is true
 
Check with your lawyer as you may qualify for H1 extension( as long as the LC is pending for more than a year. It need not be for you).

http://murthy.com/news/UDh121st.html

Substitution Beneficiary Enjoys H1B Extension Benefit!

In a particularly liberal construction of the law, Mr. Yates indicates that, if a labor certification, previously approved for another "green card" candidate but unused for that candidate, is now being used to support an I-140 petition for an H1B status holder, the date of filing of the original labor certification may be used for that H1B nonimmigrant to file for one-year incremental H1B extensions, as long as additional proof is submitted that the person has a pending or approved I-140 based on that labor certification. Under this interpretation, therefore, a person who is using a substituted labor certification that was filed more than 365 days prior, but whose employer filed the I-140 petition for the H1B employee only two months before the six-year H1B window expired, is now eligible for the one-year incremental extensions.

Hope this helps.
 
It does help cv123 :)

Awesome. I was concerned that if I move to EAD and my I 140 gets denied, I'll be out of status. Now with H1B extension, I think I'll have some time to make alternate arrangements.

Am I Right or will my H1-B extension will get revoked too if I 140 gets rejected. ??

Thanks
 
---Am I Right or will my H1-B extension will get revoked too if I 140 gets rejected. ??
I will leave this question for senior members to answer.

The reason I posted the link was because that was the paragraph based on which I could convince my attorneys and could get my 7th year extension approved in 3 days in premium processing. ( labor substitution, 140/485/EAD/AP filed march 19, Filed for H1 extension on march 22, Extension got approved march 25, 6 years expired march 24, got new H1 papres on my hand march 29).

Good luck.
 
Am I Right or will my H1-B extension will get revoked too if I 140 gets rejected. ??

----- Once H1 extension approved it will be valid even if I-140 gets rejected but no more H1 extension after that on THAT BASE, you may qualify for H1 extension if new I-140 is filed or LC pending 365 days or I-485 filed
 
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