Maintain H1 Status

[kasthurir]

Hi,

I have my H1 Valid upto Feb 2006,

I got my 140 cleared and 485 is in Procress. I have receipt for 485.

While I came back on my last trip from India, at the airport I got an I94 with the date 08/30/2005, because my passport is expiring on that day. It was in Jan 2005, as per Indian gov. rules I can apply for renewal only within 6 months from the date of expiry.

Now I got my new passport also.

My Question is, Do I need to apply for another H1 exention becauseI94 is expring, or I am still stay without applying for H1, because of Pending 485.

My Concern is that I need to visit india by Dec2005-jan2006, and i cannot apply for Advance parol because I have a valid H1.

Can anyone advise me

Thanks

 

[ginnu]

Hi,

I have my H1 Valid upto Feb 2006,

I got my 140 cleared and 485 is in Procress. I have receipt for 485.

While I came back on my last trip from India, at the airport I got an I94 with the date 08/30/2005, because my passport is expiring on that day. It was in Jan 2005, as per Indian gov. rules

I can apply for renewal only within 6 months from the date of expiry.
------ what renewal? indian passport or H1 extension?
Now I got my new passport also.

My Question is, Do I need to apply for another H1 exention becauseI94 is expring, or I am still stay without applying for H1, because of Pending 485.
------- you can file H1 extension BEFORE I-94 expires or need EAD for work
My Concern is that I need to visit india by Dec2005-jan2006, and i cannot apply for Advance parol because I have a valid H1.
------ who told you that if you have H1 you cant apply AP? one can apply AP, EAD even if you want to maintain H1 status, EAD AP has nothing to do with your H1, EAD AP is approved based on pending I-485. many have EAD and AP and still maintain H1 status and AOS pending status
Can anyone advise me

Thanks

 

[rajbalu1]

Ginnu please help

Hi Ginnu,

Based on your advice I have decided to file for H1 while doing my AC21.

I am in my 7th year and I am planning to request for 3 more years based on my approved 140. Is there a particular format in which I need to make this request? Is there a covering letter somewhere in this portal that I can reference?

Thanks Ginnu.