RFE on I-140 / Use EAD OR H-1? Please help!!

[origin72]

Hi,

My wife (primary applicant of GC) received an RFE on her I-140 today. I don't know the details yet.

Also, my wife received her EAD 2 months back. Her H-1 expires Aug 20, 2004.

Should she extend her H-1 or use her EAD?

Is it too late to renew H-1 as the approval will not come before Aug 20, 2004. Will she got out of status?

Please advice!!!

Thanks

 

[sertra2002]

My wife (primary applicant of GC) received an RFE on her I-140 today. I don't know the details yet.

Also, my wife received her EAD 2 months back. Her H-1 expires Aug 20, 2004.

Should she extend her H-1 or use her EAD?
==> Yes. It is always a good idea to keep extending H1 until you get the GC, if possible. At the least you should difinitly use H1 until I-140 is approved.

Is it too late to renew H-1 as the approval will not come before Aug 20, 2004.
==> No, it i not too late. She may have to use premium processing, in which case she wil get the H1 in a week or two. This will cost $1000 extra though.

Will she got out of status?
==> No she will not be out of status. Even if you file h1 without premium processing she will be fine and continue working as long as she has the receipt of the filing with her. But you have to hurry and file ASAP.

Please advice!!!