should i file for one more H1 while I485 is pending

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p.a.l

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updated, should i file for one more H1 while I485 is pending

Hi
i am in my second term of H1-B( 6 years will expire on 2/28/07) my I485 is pending (after approval of I-140 9/28/06), i just got new one year EAD card which expires on 10/3/07 and my travel documents.
should i apply for H1-B again(or new EAD approval is enough), if so when should i file considering 2/28/07 expiration date of the current one.
thanks in advance for help,
Alex
 
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i would suggest keep renewing the EAD.....since your 6 years is up....H1B is not useful.......and yes you dont need H1B when you have an EAD
 
techy2468 said:
i would suggest keep renewing the EAD.....since your 6 years is up....H1B is not useful.......and yes you dont need H1B when you have an EAD
Click to expand...
that was my understanding too, these are 3 e-mails between me and the law firm working for me.

they wrote:
Our records indicate that your H-1B visa will expire on 02/28/2007.
Please advise our office immediately if you need our services for this
visa extension. If you have any questions, please contact your attorney
Mr. Douglas R. .... at (713) ....... or myself. Thank you.

my response:
Hello
Mr. .... did apply for extension, i got the new EAD card last week,

their response:
Your H-1B visa (which is your nonimmigrant status) and your EAD
extension through the green card process are two different applications.
We usually advise our clients to maintain their nonimmigrant status
until their green card is approved.
Please confirm if you would like to extend your H-1B visa. Thank you.


Now I don't know that i really need to file for 3rd H-1B or these people just trying to take another $2500 out of my pocket,

your advise please,
Alex
 
p.a.l said:
that was my understanding too, these are 3 e-mails between me and the law firm working for me.

they wrote:
Our records indicate that your H-1B visa will expire on 02/28/2007.
Please advise our office immediately if you need our services for this
visa extension. If you have any questions, please contact your attorney
Mr. Douglas R. .... at (713) ....... or myself. Thank you.

my response:
Hello
Mr. .... did apply for extension, i got the new EAD card last week,

their response:
Your H-1B visa (which is your nonimmigrant status) and your EAD
extension through the green card process are two different applications.
----------------That is correct
We usually advise our clients to maintain their nonimmigrant status
until their green card is approved.
---------------- that is better for you also
Please confirm if you would like to extend your H-1B visa.
-------------I will file for H1 extension and keep a back up if anything goes wrong with I-485 then H1 status helps.
Thank you.


Now I don't know that i really need to file for 3rd H-1B or these people just trying to take another $2500 out of my pocket,

your advise please,
Alex
Click to expand...
 
If you get 3 years of H1B..........even if you 485 is denied........then $2500 is worth it............if your 485 denial also means that you cannot use H1B then keep the EAD route...
 
techy2468 said:
If you get 3 years of H1B..........even if you 485 is denied........then $2500 is worth it............if your 485 denial also means that you cannot use H1B then keep the EAD route...
Click to expand...

i think after 6 years they just renew for one year at a time.
now granted that it's better to file a H1 extension, should i apply right now before quota for H1 runs out, or my H1 extension has notthing to do with new H1 quota that i heard runs out by Nov. my I-94 expires on 2/28/07 and i was thinking of holding the application till mid Dec.
 
p.a.l said:
i think after 6 years they just renew for one year at a time.
now granted that it's better to file a H1 extension, should i apply right now before quota for H1 runs out, or my H1 extension has notthing to do with new H1 quota that i heard runs out by Nov. my I-94 expires on 2/28/07 and i was thinking of holding the application till mid Dec.
Click to expand...

Some people do get a three-year extension after the 6-year limit. I have no idea in what case they do so or whether there may be any unwritten rules or like that, and the vast majority seem to get only one year at a time, but I do know some people who got another three years of H1-b.

At any rate, I agree with ginnu -- I would never get off H1-b until GC gets approved... even if my 6 years of H1-b expires. Correct me if I'm wrong, but my understanding is your H1-b is valid until the date your I-94 indicates, even if it is an extension after the first 6 years. So unlike the EAD, it does not depend on pending I-485 adjudication. If this is the case, then at least you wouldn't become out of status immediately should anything go wrong with your I-485.

As for the H1-b quota, you are exempt, are you not? It's an extension, not the first time application, right? (or am I getting something wrong?)
 
i do agree with geofu54......you will have some time to sort things out if your 485 gets rejected........but in my case i am switching employers hence i am opting for the EAD (freedom)
 
h1 extension query

hi, my h1 visa is expiring this November, according to my lawyer, as long as the 485 is pending it wont be any problem. They said just wait for the decision.
In your opinion, would it be safer to keep an h1 status? Or just keep renewing EAD? My EAD expires in december.
Thanks.
 
chocol_03 said:
hi, my h1 visa is expiring this November, according to my lawyer, as long as the 485 is pending it wont be any problem.
------------ask him what if due to any reason I-485 gets rejected?? H1 is good back up plan
They said just wait for the decision.
In your opinion, would it be safer to keep an h1 status?
--YES, file H1 extension Before I-94 gets expired
Or just keep renewing EAD? My EAD expires in december.
Thanks.
Click to expand...
 
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