Need Advice...

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RG-GC

Registered Users (C)
My 6 years H1B period finishs in March 2005. My GC is still in LC stage. If my LC gets approved and if I don't get my EAD before H1B 6 yrs deadline, then will I be in a valid status and work legally till I get EAD?

Thanks in advance.
 
Hi RG-GC,

As far as I know, you will be out of status, if you don't get your EAD before the end of H1B period. You can apply for 7th year H1b extension if your labor is pending for more than a year.
 
RG-GC,

If your H1b expires AND your LC is done AND if you have applied for 140/485 - you are legal. BUT you cannot work till you get your EAD.

If you have not applied for 140/485 then your status is illegal, if H1B is over and LC is approved.

BTW - Why don't you get your H1B extended?
 
Originally posted by TAMIL_GC
Hi RG-GC,

As far as I know, you will be out of status, if you don't get your EAD before the end of H1B period. You can apply for 7th year H1b extension if your labor is pending for more than a year.
Click to expand...

I saw the following article from Murthy's website:
http://www.murthy.com/UDbrin7y.html

Could you please go through this article and advice me.

Thanks,
RG-GC
 
Originally posted by Jharkhandi
RG-GC,

If your H1b expires AND your LC is done AND if you have applied for 140/485 - you are legal. BUT you cannot work till you get your EAD.

If you have not applied for 140/485 then your status is illegal, if H1B is over and LC is approved.

BTW - Why don't you get your H1B extended?
Click to expand...


Yes! I meant to ask about the H1B 7th year extension eligibility.
 
RG-GC,

I am not sure what is your question really.

Please be verbose about your situation, context of question, question itself, your status and process that you intend to follow. Then maybe someone can answer you.

P.S. It is little rude to ask people to read article and then answer question (still clueless how someone can read your mind.).
 
RG-GC

You won't be out of status if you timely file I-485 as soon as you get LC approved. Pending AOS will preserve your lawful stay in US.

You are not eligible to work if H1-B expires and EAD is not approved before that. You need either EAD or non-immigrant working visa to work in US.


Originally posted by TAMIL_GC
Hi RG-GC,

As far as I know, you will be out of status, if you don't get your EAD before the end of H1B period. You can apply for 7th year H1b extension if your labor is pending for more than a year.
Click to expand...
 
Thank you all.

Sorry! if there was any confusion. I will definitely be more precise from next time. This is my first posting on this portal. And I was trying to give additional information and asking for advice,
please take it positively. :)

Take Care,
RG-GC.
 
Last edited by a moderator:
RG-GC,

That is OK, but did you get the answer to question you were looking for? If not feel free to post it again.
 
My understanding:

I get that if I apply for my 140 and 485 by the time my 6years H1B limit reaches then I will be able to stay in US with legal status and also that I will not be able to work. In order continue working I would need to apply H1B 7th year extension.

My question is, will I be eligible to apply for H1B 7th year extension:
a) if my LC was filed before 1 year and gets approved before my H1B 6year limit reaches
b) if my 140 and 485 are pending for less than 1 year at the time my H1B 6year limit reaches
c) if I don't get my EAD before the H1B 6year limit reaches

Hope I am clear enough.... :)

Thanks,
RG-GC
 
Your understanding in correct.

Extract from the link you posted :

first, a labor certification application must have been filed for the person at least one year prior; and, second, either the I-140 (Immigrant Petition for Alien Worker) must also have been filed and be pending or approved, or else the I-485 must be pending
Click to expand...

Basically it means that if you are in GC quagmire you will be able to file for an extension. It does not advise on the time when you are in between applications, but I hope you can file H1 ext. before you hit such a stage. Also note that there is no wait period associated with 140/485 clause, so you can file for H1 extension anytime after filing for one/or both of 140/485.


001


Originally posted by RG-GC
My understanding:

I get that if I apply for my 140 and 485 by the time my 6years H1B limit reaches then I will be able to stay in US with legal status and also that I will not be able to work. In order continue working I would need to apply H1B 7th year extension.

My question is, will I be eligible to apply for H1B 7th year extension:
a) if my LC was filed before 1 year and gets approved before my H1B 6year limit reaches
b) if my 140 and 485 are pending for less than 1 year at the time my H1B 6year limit reaches
c) if I don't get my EAD before the H1B 6year limit reaches

Hope I am clear enough.... :)

Thanks,
RG-GC
Click to expand...
 
RG-GC,

I get that if I apply for my 140 and 485 by the time my 6years H1B limit reaches then I will be able to stay in US with legal status and also that I will not be able to work. In order continue working I would need to apply H1B 7th year extension.

Not nessecary, you will be able to work if you have a valid H1B extension OR if you have EAD (you may apply it while applying 485).

OK For question now:

Yes your understanding is right. However just one addition. Even if your LC is pending (Point 'a' of your post.), still you are eligible for H1B extension.

And yes, you were really clear. :)
 
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