Status after 485 & 140 filing & 6yrs h1 expires in a week

G

gopit

New Member
Hello Guys,

Currently am H1b and the same will expire in a week's time after full 6 yrs stay.There is no scope for h extension by adjusting vacation time.All in all my stay here is full 6yrs.

Am applying 140 and 485 monday (a labour substitution)with my h1 status intact and will expire after a week.

I have never before applied for labour.

This is a labour substitution case done by another company(not the company which is holding my current h1).

So once my 140 and 485 filed what will be my status once h1b expires in a week.Is my stay in US is legal or what with my 140 and 485 pending and 6yrs span done.

Please let me know.

Thanks
gopit
 
If your substituted labor was filed before 31st Dec 2003 you can get 7th year extension. Since you will file 485, legally you need not leave the country. However, to work, you should either have EAD or H1 - which can be filed based on the 140. I think, you need the original labor, company's letter and i-140 receipt no to file an extension. In that much, till you get the i-140 number, your work after 6th year may be illegal.

Your case exactly reminds me of my friend's case and since I have seen allthe hapenings, I am telling you all these. You ay ask a lawyer.

Good Luck.
 
Agree with Vinu. You will have legal status to stay after you file I-140 and I-485 and after your H-1 expires. However, you will need an EAD after you file your I-140 and I-140 and after your H-1 expires to work. Check with a lawyer about filing an H-1 extension on the basis of the substitured labor.
 
how come your employer doesn't care about your legal status? If you don't have an EAD or H1, you cannot work though you are safe to stay in US.

Either you need to apply H1 extension immediately or have to sit on bench until you get your EAD approved.
 
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