need H1 extension??

V

vparmar74

Registered Users (C)
Hello,

My husband is completing 6 yrs. on his H1 visa in apr'2004. He has applied for I-485 in feb'2003. We need to travel out of USA in the month of april.
1. What do we need for re-entry into US?

2. Does his employer need to file for H1-b extension or he can come back using advance parole(by that time his h1-b period will be over).

3.If employer doesn't file for H1-b extension then can he use EAD to continue his employment?

monu
 
My husband is completing 6 yrs. on his H1 visa in apr'2004. He has applied for I-485 in feb'2003. We need to travel out of USA in the month of april.
1. What do we need for re-entry into US?
------ You both need AP approved and in your hand before you go out of US, if he has not applied AP send the application for AP you may get AP approved in 90 days, it is better to apply 4-5 months advance so that you can have AP in hand befor you depart US
2. Does his employer need to file for H1-b extension or he can come back using advance parole(by that time his h1-b period will be over).
----- His employer can file 7th year H1 extension and H4 extension for you based on his pending I-485, one can send H1 extension 6 months advance ( if he does not agree to file your H4 extensin inform him that for H4 the BCIS fees $140 can be paid by you or employer can deduct from your spouse wages)
3.If employer doesn't file for H1-b extension then can he use EAD to continue his employment?

---- if employer does not file for H1 extension he can use EAD and will need AP for travel. If I-140 is not approved and still pending I will go for H1 extension because if I-485 is due to any reason one can stay in US and work. I don’t know if your husband filed I-140 and I-485 concurrent, if it is concurrent and I-140 is not approved I would request employer to file for 7th year H1 extension because many are getting RFE for I-140
 
Thank you very much for prompt reply. He applied for I-140 and I-485 concurrently. His I-140 is approved. So does it mean in that case if h1-b extension for 7th year is not needed. Can we just get AP to enter into US even though H1-B is expired.
 
Thank you very much for prompt reply. He applied for I-140 and I-485 concurrently. His I-140 is approved.
----- Good, ask him to get copy if the approved I-140 to get from lawyer or employer, keep copy of approved LC and I-485 filing receipts in your immigration file at home(if he has to use AC21 in future he may need them if he changes the employer)
So does it mean in that case if h1-b extension for 7th year is not needed. Can we just get AP to enter into US even though H1-B is expired.
--------- You can enter on AP (if both have filed I-485 and have approved AP in hand before departure from US) No need of H1b extension for entry. Many maintain H1 status and extend H1 status because if I-485 is denied due to any reason one can remain in US and can work if one has H1b status. Your husband/employer has to decide if filing H1 for 7th year or not. If you ask me I will extend H1 for 7th year, he can use AP and still can extend H1 for 7th year if he is working for the same employer who sponsored his latest H1, one can be on H1 status after entering on AP
 
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