TSC Consolidated 485 Tracker

h1-b extension if pd is current

i don't see why the h-1b can't be extended, within the initial 6 year period, regardless of the i-485 being pending with current pd.

in addition - extensions beyond 6th year are possible, if:

"Sections 106(a) and (b) of AC21 set forth the following two requirements for such extensions: first, a labor certification application must have been filed for the person at least one year prior; and, second, either the I-140 (Immigrant Petition for Alien Worker) must also have been filed and be pending or approved, or else the I-485 must be pending. In those cases that do not require the filing of a labor certification, like the national interest waiver cases, the I-140 must have been filed a year prior and the I-140 or the I-485 must be pending. " (http://www.murthy.com/news/UDbrin7y.html)

no word about the currenty of the PD. as far as i remember, approved I-140 but no pending i-485 makes you still eligible for AC21 benefit of extending the H-1B beyond the 6th year, if the PD is retrogressed. but in case the I-485, this alone should be sufficient.
 
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eastsidedude said:
i don't see why the h-1b can't be extended, within the initial 6 year period, regardless of the i-485 being pending with current pd.

in addition - extensions beyond 6th year are possible, if:

"Sections 106(a) and (b) of AC21 set forth the following two requirements for such extensions: first, a labor certification application must have been filed for the person at least one year prior; and, second, either the I-140 (Immigrant Petition for Alien Worker) must also have been filed and be pending or approved, or else the I-485 must be pending. In those cases that do not require the filing of a labor certification, like the national interest waiver cases, the I-140 must have been filed a year prior and the I-140 or the I-485 must be pending. " (http://www.murthy.com/news/UDbrin7y.html)

no word about the currenty of the PD. as far as i remember, approved I-140 but no pending i-485 makes you still eligible for AC21 benefit of extending the H-1B beyond the 6th year, if the PD is retrogressed. but in case the I-485, this alone should be sufficient.
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Yes..you are correct. H1B extension possible of any case after year of labor filing.

As per getting number of years of extension beyond 6 years of H1B concerned, the following applies:

1. (I-140 approved) And (I-485 pending or I-485 never filed) and PD is Retrogressed -> Get 3 years of extension till I-485 approved

2. (Labor Pending more than year) OR (I-140 pending) OR (I-140 approved and PD is current) Or (I-485 is pending and PD is Current) -> Get incremental One year of extension till I-485 approved

The other important thing is, If you used EAD at any time during I-485 pending, that person will loose non-immigrant status and not eligibile to apply
H1B extensions any more.

Thanks
 
Any 485 Approvals recently?

Have guys seen any 485 approvals from TSC recently? When was the last approval posted?
Please post the details.
Thanks
 
h1-b and i-485

CAPD02 said:
Yes..you are correct. H1B extension possible of any case after year of labor filing.

As per getting number of years of extension beyond 6 years of H1B concerned, the following applies:

1. (I-140 approved) And (I-485 pending or I-485 never filed) and PD is Retrogressed -> Get 3 years of extension till I-485 approved

2. (Labor Pending more than year) OR (I-140 pending) OR (I-140 approved and PD is current) Or (I-485 is pending and PD is Current) -> Get incremental One year of extension till I-485 approved

The other important thing is, If you used EAD at any time during I-485 pending, that person will loose non-immigrant status and not eligibile to apply
H1B extensions any more.

Thanks
Click to expand...

actually, even this (using the EAD makes you ineligible for h1-b) may not be the case, but needs a lawyer to confirm it.
my understanding is that working on EAD terminates the H-1B NIV status. it does not, however, make the person ineligible for H-1B classification. so, it should be possible to file I-129 requesting classification and "visa to be issued abroad" (not extension of stay, because the person has terminated his H-1B status by using his EAD). then, leave the country and re-enter on a new H-1B visa.

re-entering on H-1B from any employer *does not* impact the pending I-485 in any way, as long as the alien has an advance parole (so USCIS can not claim abandonment of the I-485 petition). note that the alien needs to re-enter using the H-1B visa to resume his/her H-1B status, but also be in possession of the advance parole (but not show it at the POE).

this is my understanding from talking with lawyers. comments welcome!
 
eastsidedude said:
actually, even this (using the EAD makes you ineligible for h1-b) may not be the case, but needs a lawyer to confirm it.
my understanding is that working on EAD terminates the H-1B NIV status. it does not, however, make the person ineligible for H-1B classification. so, it should be possible to file I-129 requesting classification and "visa to be issued abroad" (not extension of stay, because the person has terminated his H-1B status by using his EAD). then, leave the country and re-enter on a new H-1B visa.

re-entering on H-1B from any employer *does not* impact the pending I-485 in any way, as long as the alien has an advance parole (so USCIS can not claim abandonment of the I-485 petition). note that the alien needs to re-enter using the H-1B visa to resume his/her H-1B status, but also be in possession of the advance parole (but not show it at the POE).

this is my understanding from talking with lawyers. comments welcome!
Click to expand...

I mean to say, after using EAD, H1B extension not possible in USA, the only option is to leave this country and reenter with visa.

Thanks
 
CAPD02 said:
I mean to say, after using EAD, H1B extension not possible in USA, the only option is to leave this country and reenter with visa.

Thanks
Click to expand...

correct. the person is no longer in NIV status so there is nothing to extend.
 
Please add my data to the xls sheet

PERM EB2: PD - 04/10/2006 (Country: Rest of the world)

I-140: RD-06/05/2006, AD-06/19/2006

I-485: RD-06/05/2006, AD-Pending
FP Notice Date - 06/07/12, FP-06/20/2006
LUD-6/21/2006

AP - Pending
EAD - Pending
 
Please add me to the excel spreadsheet as well

EB2 world
I140/I485 RD 5/13/06
I140 AD 6/14/06
FP date 6/2/06
EAD and AP AD 6/8/06
I485 LUD 6/2/06 6/3/06 AD ????
 
Updated info
sgms66 said:
Please add me to the excel spreadsheet as well

EB2 world
I140/I485 RD 5/13/06
I140 AD 6/14/06
FP date 6/2/06
EAD and AP AD 6/8/06
I485 LUD 6/2/06 6/3/06 AD ????
Click to expand...
 
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Please include my details

I-140 , RD = 05/22 , Approved = 06/12

I-485 , AP, EAD filed June 8th . Didn't receive any receipt number.

Usually how long it takes to get the receipt number




manishg_in said:
Updated info
Click to expand...
 
For me it only took 6 days, actually I had already known my receipt numbers even before I received the I-797C letters. It was on the back of encashed checks. Have you had your checks encashed?
atl_dol_aug said:
I-140 , RD = 05/22 , Approved = 06/12

I-485 , AP, EAD filed June 8th . Didn't receive any receipt number.

Usually how long it takes to get the receipt number
Click to expand...
 
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H1 extension is not possible after EAD is approved.

CAPD02 said:
msabir,

Now already you are in safe situation. Your I-140 already approved. Your PD is current. Your AC21 clock ending on 11/12/2006 (180 days of I-485 filing).
Let's hope you will get approval before H1B expired. Once your H1B expired, in Oct,you can activate your EAD. Then u will be safe.

EAD is optional when you file I-485. If you filed EAD with your I-485, USCIS will issue EAD based on I-485 pending. But having approved EAD still you can maintain your H1B. You can extend H1B if you want.

If you never used your EAD, then you can extend your H1B, but you will get only one Year extension.

3 years of extension will be granted to only If your PD is retrogressed and
I-140 has been approved.

Thanks
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thats what my lawyer says. Please check with your lawer. I did not apply EAD because I am planning to stay in my H1 until I get GC.
 
sk0902 said:
thats what my lawyer says. Please check with your lawer. I did not apply EAD because I am planning to stay in my H1 until I get GC.
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Only if you apply through your company, because they wont give you the H1 and the EAD. I have H1 through my company and got my EAD by applying for it myself. It costs $180 thats it. As long as you do not use your EAD you can be on H1 and extend your H1 if needed.

Thx
ZB
 
sk0902,
I am eagerly waiting for my EAD and AP. I see that you FP'ed the same day as I did, so I guess you will get those around the same time as me. Not that I need AP and EAD immediately, but its just that another milestone would be achieved. Do you know how many days after FP I should expect EAD/AP?

sk0902 said:
thats what my lawyer says. Please check with your lawer. I did not apply EAD because I am planning to stay in my H1 until I get GC.
Click to expand...
 
manishg_in said:
sk0902,
I am eagerly waiting for my EAD and AP. I see that you FP'ed the same day as I did, so I guess you will get those around the same time as me. Not that I need AP and EAD immediately, but its just that another milestone would be achieved. Do you know how many days after FP I should expect EAD/AP?
Click to expand...

Best case scenario.. you should get it by 15th july.
I did not apply for it but I applied for my wife. I will update you when her comes.
 
Zany_Brainy said:
Only if you apply through your company, because they wont give you the H1 and the EAD. I have H1 through my company and got my EAD by applying for it myself. It costs $180 thats it. As long as you do not use your EAD you can be on H1 and extend your H1 if needed.

Thx
ZB
Click to expand...

YES. That's what we supposed to do. Apply EAD your self. I did same.

Suppose GC Sponsor company applied EAD instead of H1B extensing/renewing, then further H1B extensions will not be possible.

Thanks
 
CAPD02 said:
YES. That's what we supposed to do. Apply EAD your self. I did same.

Suppose GC Sponsor company applied EAD instead of H1B extensing/renewing, then further H1B extensions will not be possible.

Thanks
Click to expand...

Guys,

Please read and talk to Lawyer. As long as you do not use your EAD, you are free to use AP and/or H1. Once you use EAD then you are no longer on Non-Immigrant status. Using AP does not cause to lose your Non-immigrant status.

neargc
 
Hi my H1B also expiring in November but our company lawyer already started to processing it. I have I-495 pending. I asked the lawyer about H1B and he mentioned that our company policy is to extend the H1B regardless of the I-485 status.

Yes you can extend H1-B.
 
eastsidedude said:
re-entering on H-1B from any employer *does not* impact the pending I-485 in any way, as long as the alien has an advance parole (so USCIS can not claim abandonment of the I-485 petition). note that the alien needs to re-enter using the H-1B visa to resume his/her H-1B status, but also be in possession of the advance parole (but not show it at the POE).
Click to expand...

He does not need to posses AP when he reenters country. But you're correct that person can apply for new H1b after he/she terminated H1b status by using EAD in first place. Friend of mine successfully got brand new H1b once he decided to get married abroad and brought his wife on H4.
Just comment on my statement about illegibility to extend H1b once PD becomes current. I was incorrect when said that you can't extend H1b once PD becomes current. Yes, you can extend it while your I-485 is pending. That's correct. If you've not used EAD yet.
 
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