Need Suggestion from GURUS

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My H1 { 6 year term } is completing by Ocotber 6th. My 485 PD is Sep 2003 and with the EB@ retorogression, I'm not goin to get my GC in next 2 years for minimum. SO should I extend my h1 or go onto Work permits. My wife was h4 till last month now she started working using Work permits. So I can not apply H4 for her. So which way will be better. Go for H1 extension for me and keep spouse on EAD or better me going on to work permit. I would like to know Pros and Cons
 
You are the best judge for your situation, employment condition, level of risk you can take and able to spend money on H1 extensions. You can extend H1 or use EAD that depends on your employment situation. As your 140 is already approved, your risk of GC denial is less, unless you have a major problem with 485 application, like out of status. If you feel if you do not want to spend money for H1 extensions (you have to spend every year, as you cannot file 3yr exten based on AC21, as you have already filed 485), you can very well survive with EAD.

I am not the attorney. Take your own judgement and others advise..
 
Thx for the advice. I'm not paying anyhting from my pocket. my company will take care. I'm pretty luck regarding that. So far I have not spent a penny from my pocket for either for H1 extension or Gree card processing { including EAD and AP every year}. Ofcourse I'm working ofr the last 6 years with the compnay with the same salary.

Thx much
 
Suggestion from GURUS

Please, do not update your H1 visa status. Other ways you will brake your GC process. Ask your lower before.

Thanks
 
Need some clarification

I think if your wife started using EAD, that means you are default going to EAD, RIGHT?.

If you or your wife start using EAD, that means they both are in EAD usage?
May be i am wrong.

Experts, please comment on this...
 
ravisurya said:
I think if your wife started using EAD, that means you are default going to EAD, RIGHT?.

If you or your wife start using EAD, that means they both are in EAD usage?
May be i am wrong.

Experts, please comment on this...
Click to expand...
No -- derivative applicant using EAD does not affect primary's H1 status -they remain on H1

If you use EAD, you lose H1 status.
 
And there is advantage if derivative losses job she/he can continue to stay on pending adjustment.

also, you I-485 gets denied for any reason she/he can come back on dependent VISA
 
When you are on your EAD and not on H1, you run a slight risk. If when you try to renew your EAD, if your 485 has a query, they won't approve your EAD till that query has been cleared. Another scenario is -god forbid - if they transfer your file to the local office, then EAD renewal becomes a little more painful. It is safer to have your H1.
 
gc_patience said:
When you are on your EAD and not on H1, you run a slight risk. If when you try to renew your EAD, if your 485 has a query, they won't approve your EAD till that query has been cleared. Another scenario is -god forbid - if they transfer your file to the local office, then EAD renewal becomes a little more painful. It is safer to have your H1.
Click to expand...


Well -- same thing holds true to H1b extension based on 485 too ... If 485 in trouble then H1b extension in trouble.

But since in this case -- the company is paying for h1b extension and ead .. Get both..
 
Please correct me, if i am wrong

Guys


If H1-B 7 th year extension is based on I-485 and I-485 is denied, H1-B is also invalid. so one has to go back to home country. so I dont see any advantage on filing H1B extenstion. This is my view.

Please correct me if i am wrong.
 
ss_guy said:
Guys


If H1-B 7 th year extension is based on I-485 and I-485 is denied, H1-B is also invalid. so one has to go back to home country. so I dont see any advantage on filing H1B extenstion. This is my view.

Please correct me if i am wrong.
Click to expand...
Guys,

ss_guy is right in the sense that both the 7th year extn and EAD are dependent on I-485. If I-485 is denied, then your are out of status. BUT having an H1 is marginally better as you might endup having to renew EAD every 8-9 months as the processing time for EAD is very erratic. Also the restrictions on the usage of EAD are pretty severe.

If your 8th year H1 extn isn't renewed before your 7th year expires, you are OK as long as the application has been submitted. But incase of EAD, you must have a valid EAD at all times i.e. you must have the new EAD before the current one expires. You will be not be permitted to work during the wait period before your new EAD arrives. You do not have this problem with H1.

IMHO, stick with H1.
 
Can we use AP to reenter into US with valid H1B?

Per DOS visa availability, it will take minimum of 3 yrs to get 485 approval. If one wants visit home country with 7 th year H1B extension AND visa was expired in PP, Can they come in AP? and continue to work in H1B ?

Extending H1B for every year and getting visa is stamped (in HOME country) is a big pain. Can we get the visa stamping in Canada/Mexico?
 
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