Is H1 extension possible if PD is current?

L

lotusnotes

New Member
EB2 Labor and I-140 approved
PD:July 2006
H1 expires on Dec 2007

1. If EB2 India becomes current, am I eligible for H1 extension if my I140 is approved? I know the next logical step is to apply for I485. Unfortunately, I am single and in a weird way I am hoping EB2 India does not become current, as it allows me to extend my H1.

2. Let's say I extended my H1 in few months, but EB2 becomes current in Oct 2007, does the extended H1 become invalid immediately as I can apply for I-485 or it stays valid including the ability to bring spouse on H4?

Any help would be great.
Thanks!
 
lotusnotes said:
EB2 Labor and I-140 approved
PD:July 2006
H1 expires on Dec 2007

1. If EB2 India becomes current, am I eligible for H1 extension if my I140 is approved? I know the next logical step is to apply for I485. Unfortunately, I am single and in a weird way I am hoping EB2 India does not become current, as it allows me to extend my H1.

2. Let's say I extended my H1 in few months, but EB2 becomes current in Oct 2007, does the extended H1 become invalid immediately as I can apply for I-485 or it stays valid including the ability to bring spouse on H4?

Any help would be great.
Thanks!
Click to expand...

I really don't htink EB2 India will be current anytime soon. Remember it was not available till now which mans demand is lot more than supply even when cutoff dates were in Jan 2003. I think date may move back or stay wherever it is but not become current
 
yes

1. with an approved i-140 (which you already have) and being subject to retrogression you can get for 3 year H1 extension. if not subject to retro or not yet i-140 approved, you can get for 1 year H1 extension but you have to apply at least 1 year after your PD.

2. Even after retro ends for your category (EB2), the extended H1 does NOT become invalid immediately as you apply for I-485; it stays valid including the ability to bring spouse on H4. H1, H4 valid till you apply and get EAD and start using the EAD.

* The above are my best knowledge, but please check with experienced lawyer.

Hoping you the best...

lotusnotes said:
EB2 Labor and I-140 approved
PD:July 2006
H1 expires on Dec 2007

1. If EB2 India becomes current, am I eligible for H1 extension if my I140 is approved? I know the next logical step is to apply for I485. Unfortunately, I am single and in a weird way I am hoping EB2 India does not become current, as it allows me to extend my H1.

2. Let's say I extended my H1 in few months, but EB2 becomes current in Oct 2007, does the extended H1 become invalid immediately as I can apply for I-485 or it stays valid including the ability to bring spouse on H4?

Any help would be great.
Thanks!
Click to expand...
 
You must log in or register to reply here.
Top