Is H1B Extension Required?

[laksen]

Hi,

I am confused whether to apply for my H1B Extension or not. Below is my situation:

I will be completing 6 years in US by Jun 2008. During this period, I was on L1 for most part and now I am on H1 for the last 1 1/2 years. When I got my H1B transeferred to another employer, I got the expirataion date of my H1B and I-94 as Jan 2010. My I-140 is approved and I have filed my I-485. I also got my EAD. But I want to continue my employment through H1B and not EAD. Because my current H1B is valid till 2010, I am not sure if I need to apply for extension to keep my H1B status valid. Some are saying that I need to apply for extn becuase the expiration date I got during my H1B transfer might be a mistake. Normally USCIS shouldn't have given H1B validity for more than 6 years. But in my case they have given it for 9 years. I am not sure if it is a mistake or not. Either way, my current confusion is to whether apply for my extension or not. Any clarification would be really appreciated,

Thanks and Regards,
laksen

 

[dryheat]

Never heard of H1 longer than 3 years. You might wanna check this with your attorney.

 

[laksen]

I guess I didn't explain it correctly. First time when you apply for H1, you get 3 years and then when you extend you get for 3 years. When I got my H1 transferred in 2007, I got the validatiy till 2010 which is 3 years.

 

[manwithnoname]

That's okay you are entitled to get an additional 3 year if your PD is retrogressed. This explains the most recent approval till January 2010. Now, since the I-485 is filed, you are in status whether you are in H-1 or EAD. However, H-1 is associated to a particular employer only - therefore, if you change employer, you need an H-1B transfer to maintain H-1B status.