Please advise

H

hakoonamataata

Registered Users (C)
Hello all,
Here is my situation and am seeking an advise from the gurus in here.

My 140 was approved in March 2004. And, my H1 and my first EAD are expiring in June 2004. But, my six year H1 term ends in October 2004.
I have already applied for my second EAD. What should I do about my H1?

Should I apply for a H1 extension? Or, should I start working on EAD (or I-EAD)?

If I apply for H1 extension, would I get H1 for another year or will I get that approved only until October 2004 (thats when my six years end.)

Thank you.
 
To answer your questions:

>> If I apply for H1 extension, would I get H1 for another year or will I get that approved only until October 2004 (thats when my six years end.)

First of all, assuming that you haven't used your 1st EAD yet, even if INS gives you an extention that contributes to more than 6 years, it is your responsibility that you are not in this country for more than 6 years on H1-B unless your 140 is pending, then you can extend H1-B year-by-year. Otherwise you may have to leave US or work here on EAD.

>> Should I apply for a H1 extension? Or, should I start working on EAD (or I-EAD)?

Don't you think you will be fine if you work on EAD than H1-B. All this to get an EAD and now when you have an EAD you want to work on H1-B. We are going in circles... :-)

Thanks.
 
AllIAskedWas1GC,
Thanks very much for a prompt response. You were correct in assuming that I have not used my first EAD. Your argument regarding using EAD instead of H1 definitely makes sense.

But, I heard (or read elsewhere in the forums) that the following are true:

1. Using EAD will put one in a situation where s/he cannot get back to H1.
2. And, if (God forbid) the 485 is rejected, and one already used EAD, s/he should leave the country "immediately". If s/he were still on H1 when the 485 is rejected, s/he can atleast do a H1 transfer (and thus buy some time before leaving the country).

All that might very well be my misconception.

What are your comments?

Thanks again.
 
As you already got your I-140 approved, I would suggest you start working on EAD and don’t apply for a H1-b.

You should continue on H1b if you have more years left on 6th year limit, so you can start e new GC process if your 485 get denied.

In your case if you 485 get denied you would not be able to start a new green card as you have almost completed 6 years in H1b.
 
I am in a similar situation as you. My H1 expired in Feb and company applied for extension and got it only till Oct this year (6 yr limit). I haven't used the EAD yet, but plan to use EAD after October since my 140 is approved.

If you apply for H1 extension now, you will get it only till October. After that you will have to get extensions every year ($1000 per extension I think).

Even if you get H1 transfer, how much time can you buy anyway, only till october right, which is not far away.
 
Last edited by a moderator:
I am somewhat same situation
My H1-B visa expires on 06-06-2004 I will complete 5 yrs , I applied concurrently ND Oct 30 2003 , I got my EAD and AP waiting for I-140
Should I apply for the H1-B extension ?
Can I work on EAD ?
Will there be any change if we are working on EAD ?
 
Originally posted by Laxmany
I am somewhat same situation
My H1-B visa expires on 06-06-2004 I will complete 5 yrs , I applied concurrently ND Oct 30 2003 , I got my EAD and AP waiting for I-140
Should I apply for the H1-B extension ?
Can I work on EAD ?
Will there be any change if we are working on EAD ?
Click to expand...

Dont use EAD atleast until you get your 140 approval (just to be on a safer side). Since you have one more year for 6 year limit, you should extend your H1 and wait until you get your 140 cleared.

hakoonamataata could use his EAD since his 140 is already approved.
 
What are the chances of 485 being rejected? Does anyone know what types of RFEs get generated for 485. From what I hear, if one doesn't have any criminal background, or never been out of status, it should be fine. Most RFE's that I have heard are about company's continued interest in hiring you, and past paystubs, W2s etc. Once the 140 is approved, 485 should be simple, am I right here?
 
Hi Joyd:

To my knowledge If I-140 is Approved, Your I-485 should get approved too...

But you never know !!!!Possible RFE's may be

A) Employer verification letters B) Medical reports C) W2's
D) Latest Pay stub E) Birht Certificate's F) Marriage Certificate's
G) Not Maintained Status any time during your stay H) Tax Returs I) Incase Educational Qalification Queries too....

I can think of these scenario's.....

Thanks
 
Originally posted by Vic-Suzuki
Hi Joyd:

To my knowledge If I-140 is Approved, Your I-485 should get approved too...

But you never know !!!!Possible RFE's may be

A) Employer verification letters B) Medical reports C) W2's
D) Latest Pay stub E) Birht Certificate's F) Marriage Certificate's
G) Not Maintained Status any time during your stay H) Tax Returs I) Incase Educational Qalification Queries too....

I can think of these scenario's.....

Thanks
Click to expand...

Thanks Vik-Suzuki
 
Thanks m78768 ,

what may be the Issues u think ? but my attorney is saying it is not required , and one more thing I have to pay for the H1 extensions
 
Also, note this from nemessis' post:

EAD vs. H-1B Strategy for I-485 Filers: The risk of working on EAD rather than H-1B status will increase substantially under the new policy. Once I-485 is denied, the alien loses the legal status immediately if the alien worked on EAD rather than a nonimmigrant status. The agency will immediately revoke the EAD. The only recourses available will be either an appeal or a motion to reconsider or a motion to reopen. Meanwhile, those who work on H-1B will not be affected by such denial when it comes to their H-1B employment and legal status. Besides, those who work on EAD rather than a nonimmigrant status are subject to removal (exclusion) proceedings as they do not have any specific nonimmigrant status when the I-485 application is denied. Another important point to remember for the 7th-year H-1B extension eligible professionals.

Here is the link:
http://boards.immigration.com/showthread.php?s=&threadid=125370

What is your take on this?
 
is it true , then we are in trouble man , USCIS sucks man , everyday the will change the rules , they are not stable , this is bad. Then we HAVE TO apply for H1-B extension .
does anyone know what all the documents req for H1 ext and how much fee it will be.
:(
 
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