My attorney said I do not have to apply for H-1B extension

4

485486

Registered Users (C)
Hi,

I want your advice.

I told to my attorney today about my H-1B extersion, he told me
I do not have to apply that, if I will renew my EAD card 4 months before it expired.

Of course, if H-1B extension is not so expensive (130+1000+lawyer's fee > 2000$), I will definitaly apply for H-1B extension. Now my company just want to pay half of that money,
so I decide not to apply for that if I have to.

anyone here can tell me is there any potential problem?

My situation: H-1B (first 3 years) will be expired in the end of March.
I-485: 02-110-******

Thanks
 
My H-1 expired in Dec 02 (first 3 years) and I didn't renew it. I renewed just the EAD. My I-485 is WAC02062XXXXX. I think there is no need to renew your H-1 visa, because it gives you the right to work only for one employer (you cannot switch employers on H-1). On the other hand with EAD you can do that... and still work for your current employer. It's up to you, eventually - don't take this as an advice.
 
Here's the deal here. Once one files I-485 he becomes what's called an "adjustee". This is a status that is not defined through INA but through various INS regulations. "Adjustees" are:
1. "authorized by the Attorney General" to stay in the US as long as I-485 is in proceedings
2. Are in legal status and do not accumulate unlawful presence as long as they were in legal status when I-485 was filed
3. Are eligible to apply for EAD and work if obtained
4. are eligible to apply for AP and travel if obtained

Lapsing of H1-B is, therefore, not a problem. Note that EAD is not required to stay in the US while I-485 is pending - the mere filing of I-485 makes you "legal" - however EAD is still required for employment.
There's only one reason to maintain your H1-B while I-485 is pending - and that is if you think that I-485 will be denied, in which case you can fall back on H1-B. If doesn't really matter otherwise.
There's tones of information over the Internet on this whole H1B vs EAD/AP issue - for example check out http://www.immihelp.com/gc/aos/eadap_h1.html
Overall - don't worry, either way you are "legal" and is/can be authorized to work. Other than that - it's your decision
 
AOS - H1b - Marriage help

Currently I am in AOS status. I went out of the country and came back on Advance Parole.

I plan to marry this April and bring my wife to US. However I cannot do that because I do not have a valid H1b.

Can my company apply for a new H1B? This will help to bring my wife to US.
INS says once can be on AOS and H1b. However H1b expired and now I plan to apply for a new H1B.

Does the new H1b in any way effect my I-485 when I go for H1B visa stamping in India?

Any info in this regard is highly appreciated.
 
luckyguy

I am guessing you have a lawyer but want to find out any more info from the board anyway. If I am wrong, please do yourself a favour and get your lawyer immediatly. You are wading thru unclear waters here.

You came back to the US on AP. Did you work here on EAD? If so you are on an immigrant status here. Your H1B, expired or not, is no longer valid. My understanding is that you can come in as a non-immigrant and then choose to continue to be one until you get the GC. I am not sure that you can be in an immigrant status and then revert back to a non-immigrant status and back again.

As I said before, approach a lawyer and ask all your questions until completely satisfied. It is a very good idea to be as conservative as possible in your future moves.

Also, post in a seperate thread so others will take note.

good luck...
 
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