If h1 expires fate of pending CP?????

A

anushri

Registered Users (C)
Hi,
i have filed CP with I140 in JUN2003. but looking at the current delays in I140 and 6-8 months in scheduling the CP interview i think i'll get very close to expiring my h1 .only 2 months bufferin between. Is it ok????
If i am very close to my interview and H1 expires is there a way out.
OR should i apply I485 and get the EAD as my I140 is still in process.

Please give me suggestions.
anushri.
 
Hi Anushri

My case is very similar. My H1-B Visa expires on December 1, 2003. My CP Interview is on December 18, 2003.

My attorneys have filed for 7th year extension on November 11, 2003. I intend to show the USCIS receipt for the 7th year extension if CP officer asks me.

Two things, you are entitled for 7th year extension because your petition has not completely processed yet due to pending CP Interview.

Second, if you file H1-B Extension before your earlier H1-B Expires, you are in status. No problem about that.

Hope this helps
 
you need work status

you will either need to apply for an extension 7th yr H1 or leave the country until your CP interview.

you can also apply for 485-EAD but you cannot work on EAD until its approved. also i'm not sure how applying for 485 affects your CP. be very careful.
 
Re: Hi Anushri

Originally posted by kkulkar
My case is very similar. My H1-B Visa expires on December 1, 2003. My CP Interview is on December 18, 2003.

My attorneys have filed for 7th year extension on November 11, 2003. I intend to show the USCIS receipt for the 7th year extension if CP officer asks me.

Two things, you are entitled for 7th year extension because your petition has not completely processed yet due to pending CP Interview.

Second, if you file H1-B Extension before your earlier H1-B Expires, you are in status. No problem about that.

Hope this helps
Click to expand...


Thanx a lot. i sincerely depend on the good advice i get from this forum.

anushri
 
Re: Hi Anushri

Originally posted by kkulkar
My case is very similar. My H1-B Visa expires on December 1, 2003. My CP Interview is on December 18, 2003.

My attorneys have filed for 7th year extension on November 11, 2003. I intend to show the USCIS receipt for the 7th year extension if CP officer asks me.

Two things, you are entitled for 7th year extension because your petition has not completely processed yet due to pending CP Interview.

Second, if you file H1-B Extension before your earlier H1-B Expires, you are in status. No problem about that.

Hope this helps
Click to expand...

thanx , i think i am fine this way.it really helped.
 
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