need some advice important!!!

M

MurugNJ

New Member
Hi can you guys please suggest me what to do.....thanks

1) My wife is in h1 status, we have applied for 485 thru my company (sep'01), can you guys tell me whether she can start greencard(already in 485 status) now, because by looking whatever is going around, we want to be safe

2) My current h-1 is expiring jan'03, is it possible for me to apply for renewal, because already i have applied for 485, i haven't used my ead.
I am with the same employer who applied my greencard.my attroney says don't need to apply for renewal...can you guys please suggest...

3) I initially came to this country 97'Dec(h-1b stamped), but my initial h1 was approved 97'oct, when will my 6 years of h1 will expire (oct'03 or dec'03)
 
You don't need to apply for H1 renewal.(USE EAD)
If your wife is on H1 and her I-485 file has been filed through different company then you don't need to do anything, if not then get her application attached with your own before your approval
 
your questions are so simple, I am pretty sure about my answers:

1) you wife can start using her EAD as soon as her H1 expires or she switches job;
2) Same idea, u can use your EAD when ur H1 expires next January, and you don't have to apply H1 renewal. The only reason for your renewal is that you will have a valid status if your 485 is rejected, which is extremely unlikely. (if you use EAD and ur 485 is rejected, you lose your legal status right away).
3)in your I-94 (bottow portion of H1 approval notice), there should be a valid period, check on that, I am sure it is Oct00-Oct03

hope this helps
 
For your 3rd question...

Altough your H1B 6 years validation is to be reached ON PAPER in October 03, HOWEVER, since you did not "exercise" your H1B until you entered this country in December of 1997. Thus, you should be entitled to apply for another 2 years extension for Oct 03 to Dec 03, if that is necessary...

Of course, this becomes a NOT issue if your 485 get approved before then...

good luck.
 
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