My H1-B Expiring and I-140 applied

S

sanjeevt

Registered Users (C)
Hi-

My 6 years on H1-B expires next year in June 2005.
My I-140 was applied in Feb 2004 and looking at the current speed of processing my I-140 might get approved before my H-1B expires.
I am still in the process of collecting papers and completing forms for I-485 and expect it to complete soon.
My question is: Is it true that to get an extension for H-1B you must have a pending I-140 / I-485 atleast for more than one year? I am worried if I keep delaying for I-485 more I might not be eligible for H-1B extension.

Thanks
Sanjeev.
 
Which category your 140 is in? If it is EB2 or EB3 then your 140 receipt is enough to do an H1 Extension.

Even if it is from some other category, your 140 will be more than one year old by June 2005. So you need not worry about it. Just your 140 receipt is enough.

But I suggest to file 485 ASAP, which will be of help to use AC21 if needed.

--Vortex.

Originally posted by sanjeevt
Hi-

My 6 years on H1-B expires next year in June 2005.
My I-140 was applied in Feb 2004 and looking at the current speed of processing my I-140 might get approved before my H-1B expires.
I am still in the process of collecting papers and completing forms for I-485 and expect it to complete soon.
My question is: Is it true that to get an extension for H-1B you must have a pending I-140 / I-485 atleast for more than one year? I am worried if I keep delaying for I-485 more I might not be eligible for H-1B extension.

Thanks
Sanjeev.
Click to expand...
 
One more question..

Thanks Vortex-

What if my I-140 is approved by then, I mean before my H-1b expires and my I-485 is only say about 5/6 months old?
Will I still be able to get an extention for H-1B?

Thanks alot.
 
Re: One more question..

You can still use the 140 approval notice and 485 receipt to extend your H1B. But you need 180 days of 485 pending to safely use AC21.

--Vortex.

Originally posted by sanjeevt
Thanks Vortex-

What if my I-140 is approved by then, I mean before my H-1b expires and my I-485 is only say about 5/6 months old?
Will I still be able to get an extention for H-1B?

Thanks alot.
Click to expand...
 
Does anyone know if on the 6th year of H1 visa(5 months left on the h1 period), I-140 is denied for the primary applicant and the spouse (who was previously on H1) has used EAD to work for 2 months, then what is the status of the Applicant and the Spouse?

Can Spouse go back to H1 status again or has to apply again for a new H1?
How does INS know if we use the old H1 again for work?
do they find out that H1 status is terminated coz of use of EAD?

Does they track between EAD and H1 status?

Any advice is greatly appreciated and helpful.
Thanks
 
I dont know about the tracking. As for the new H-1 thing, theoretically you have to apply for new H1. EAD and H1 are mutually exclusive.

I would be interested to know what experts think about tracking issue.
 
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