May be this topic will help you also....

W

winwin

Registered Users (C)
Experts please help.....

I completed my 6 years yesterday(Jan 4th), my H1 and first Ead expired Yesterday but I am fine with my second EAD(Expires next year Jan 3rd). Here my question is, am I fine without filling 7th year extension for H1???

Now few of my friends are giving advise to apply for H1 Extesion? Please give expert comments on this. My H1 expired Jan 4th, can I apply extension now or not, or will it be a probelm after expiring??

PLEASE HELP.....................

FP Done --- 11/14/02
 
Thanks pingpong02. Please answer this, my H1(6 Years) expired 4th of this month, can I apply 7th year extension with in next 2 days(i.e 10th Jan)????? I have valid EAD now!!!!
 
As I understood, (correct me if I am wrong), 7th year H1B is for person in labor certificate stage only, it may not apply to you since you are in 485 stage now.
 
In Murthy.com, she mentioned having 7th year extension is aleways good. Please read Murthy's answer for one of the chat user...

Chat User : If a person on H1B loses his job when his I-140 is approved and the I-485 has been pending for more than 180 days, can he stay in the U.S.? Can he work for another employer without a new H1B?

Attorney Murthy : Based on the August 4, 2003 USCIS HQ Memo, the answer is probably yes. However, since we do not have any USCIS regulations. The risk occurs if the USCIS changes its position or if the government requires a more narrow interpretation of the law from the USCIS down the road. Of course, in addition one has to obtain a "same or similar" job to be eligible to enjoy AC21 portability benefits. The advantage of an H1B with the new employer instead of relying solely on the EAD is that, if the I-485 gets denied, the person has a back-up option and is not in a panic being forced to leave the U.S.
 
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