messy situation (bcos I do not know details..) PLEASE HELP!

M

metoo

Registered Users (C)
Hello everybody..
this is kind of urgent..please help!
my H1b is expiring Dec 15. I already got my EAD but am not using it. I have another 3 years on my H1b.

I have a lot of questions and I am nervous..please answer..

>How long is it taking for H1 extensions at VSC?
I posted this at H visa forum but did not get a reply..

>what happens if my H1b expires before the extension is approved? will I be out of status? will that affect my green card processing?

>because my employer does not process my husband\'s H4, we have to do it on our own or pay the lawyer out of our pocket to do it.
. so - can we send in his application for H4 extension after the lawyer sends in my H1 extension? the H4 extension form says that if
 I already applied for H1, and this H4 is based on tha H1 already filed but pending, what is the filing date? is that the date we put the
 H1 in post or the receipt date of our H1 application? we still did not get any receipt..

> what happens to my husband\'s status if his h4 expires before his application comes thru? will he be out of status? will that affect
our Green card processing?
>can we just let our H1/H4s expire and I work on EAD and still not be out of status...
I tried to ask these questions to my lawyer but she wouldnt take the call ! apparently, I should ask these questions to my employer
who in turn will ask her and then I can ask the employer and find out what the answers are..

please HELP!!!
thanks..
Ragni
 
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It\'s not a messy situation. It\'s only you are making it. Just get on to EAD and forget about H1. I am assuming your husband also applied for AOS
 
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yes he did..he also has his EAD..so I can go on to using EAD without any problems right? no problems even for my husband?
can we apply for AP even tho we are not going to travel immediately..? some gentleman answered yes to this last one but I just want
to be sure..
i guess i am getting worked up over nothing..i appreciate your reply..
thanks..
 
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Not messy at all ...

I got my h1 extension within a month (actually within a week of the notice date) and it was dated to begin before the first h1 expired.

but, wny are you wasting time on h1 when you already have ead. get your advance parole and live a normal life ...
 
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I really really appreciate your response..thanks..
so we can apply for AP even tho we are not travelling immediately? i.e. no cause right now to travel? I have elderly mom in India and
I want to be ready for travel any time...
 
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Ragni/Metoo -

Technically you have to give a "very solid reason" to get AP - something silly like having to go on company business etc. It should not be a problem though.

If you want to play it conservatively, do as I did - got my H-1 renewed anyway while getting the EAD and AP. Traveled abroad a lot (on work and vacation) the past couple of years strictly on the AP.

KP
 
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i sincerely think you are getting unnecessarily worked up. you can get an ap for any suitable reason. lot\'s of people do it all the time. i\'d suggest that you get one soon.

finally, just a word to cover my a**, please don\'t take this as legal advice .. i\'m not rich enough to be sued! ;-)
 
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Yes both you and your husband can continue to work on EAD.However ensure that both of you renew your EAD atleast 90 days in advance before expiration.If you dont extend your H1 then it becomes mandatory to apply for AP for travelling purposes.since the process takes about a month( 2-4 weeks) apply for AP atleast 2 months in advance from the intended date of travel.also APs are valid for a year from the date of receipt. so travel must be done before AP expires.
hope the above information helps

Brahma
 
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You do not need to give any SOLID reason. You can just mention that you occassionally visit your parents/relatives/marriages etc., I did that for myself and my wife and never had any problems in getting AP.
 
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BIG THANKS TO ALL OF YOU! all my questions have been answered - thanks guys! now I know I have no reason to panic..
by the way - congratulations to all of us for the new bill s 2045..lets hope that INS does clear all the backlogs in a year from now as
directed in the bill..
 
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