Should one apply for H1-B 7th year extension if I-485 still pending

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onlygodcanhelp

Registered Users (C)
Not sure what happened with my I-485, it is EB2 with ND of Jan,2003 but still pending although NSC is processing EB2 cases Jan, 2004 now. I filed my labor in Aug, 2002. Not sure if CIS is looking at my labor filing date as my priority date. I contacted CIS but same reply " Your case is awating assignment to an officer".

Anyways my H-1B expires in Nov, 2005 and I am wondering if it is beneficial to apply for 7th year extension so that in case my GC messes up I can atleast work till end of my 7th year. Need your advise as to what are pros and cons of doing this extension? Did anybody of you guys file 7th year extension.?

I will appreciate any inputs... Good luck to all of you.
 
I'm in the same boat. My 6th H1B year will expire in May 2006. I heard two opinions on extending for a 7th year:
1) Don't do it because you the 7th year won't be valid once I-485 is denied. The 7th year was given based on a pending I-485 and once the case is denied then the 7th year has no merit.

2) Do it anway because your H1B will continue to be valid until USCIS revokes it.

Which opinion is correct? I don't know! I would like to know the answer :D
 
The first intepretation about 7th, 8th ... year(s) extension is correct to the best of my understanding by looking at some earlier advises from Immigration Gurus on this board. Working on EAD or extended H1B will be the same in 7th year except the fact that once EAD is used, you invalidated the H1B Non-Immigration status and are on Adjustment Status.

Gurus, pls correct if somethings is not sais correctly.
 
My lawyer actually mentioned that I should keep extending my H1B, but he didn't give me a clear answer why I should be doing so. He is ofcourse more interested in his fee :D

I hope someone would put this subject to rest and show us some solid evidence for his or her answer!
 
Mr. Green said:
My lawyer actually mentioned that I should keep extending my H1B, but he didn't give me a clear answer why I should be doing so. He is ofcourse more interested in his fee :D
Click to expand...

Yes -- he is interested in getting the fees ...

H1b extension 7th -- nth year is only good for guys who are in labor or in 140 stage [ not applied for 485 and hence no EAD]...

I think once U get EAD ... even if Ur H1b is still valid { Say U are in 5th year of total 6 years} .. U should start using EAD ... This will save one year of consumtion of Ur H1b ... and if something happens in this GC process -- U can reclaim that one year of H1b...

For the case like this -- labor approved : 140 approved : 485 pending ---
In general, I-485 denials are rare -- so if U are paying for H1b extension -- do not do it --- if company is paying, do what Ur attorney says.
 
Thanks to all of you for your inputs. Seems like it doesn't make much sense in applying for this extension. But again if company is paying then probably there is no harm since one doesn't lose anything. In my case company is paying so I will give another thought and then take a final decision.

Again thanks to all of you and good luck for your approval.
 
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