Used AC21 -H1b expired ,can i extend h1b?

T

testram2006

Registered Users (C)
Hello Gurus

I used AC21 ,my 485 is pending more than 10 months and i -140 approved.
I joined new employer using EAD .My h1b expired arround Jan 2006.
But still the 6 year period not completed ,1 month remians.

My situation is applied for ead extension last month ,expires arround aug 2.

My HR says i can apply H1B extension for 3 years (since I 140 apprved).

I am confused , can i comeback and extend my H1 again.(h1 filed by previous employer)

Other wise worst case if my EAD not approved should i take a unpaid leave?

Please help me .
Highly appreciate all your thoughts


Thanks
testram2006
 
You can seek a H1 extension, but most likely you will not get an I-94 attached to that H1. You will have to go to a consulate abroad, get a visa and reenter on H1.
 
Hi Greencardvirus
Thanks for your reply.Still have some questions in my mind.

How can i extend expired h1 after using EAD ?(also h1 filed by previous employer )

I guess what you are saying is for fresh new H1 ???

Please let me know
Thanks again.

Thanks
testram
 
testram2006 said:
Hi Greencardvirus
Thanks for your reply.Still have some questions in my mind.

How can i extend expired h1 after using EAD ?(also h1 filed by previous employer )

I guess what you are saying is for fresh new H1 ???

Please let me know
Thanks again.

Thanks
testram
Click to expand...

You are eligible for H1 in based on one of these 2 conditions, 140 Approval and H1 within 6 years.

Because your H1 expired, there is no continuity. Lacking continuity does not make you ineligible for H1. So when you apply for H1, you will not be subject to H1 quota. How you worked in the period after H1 expiry is irrevalant. It is true that once you use EAD, H1 becomes invalidated but is does not necessarily make you ineligible for one.

In cases where they find you eligible for H1 and you can't show continuity, they will generally approve one without an attached I-94 . If you get one such approval, to be able to get back on to H1, you must go abroad, get visa and enter on H1.

If your EAD expires and you are not able to work, you can wait at home till it gets approved, it does not affect your status. I am not sure of any recent changes, but if your EAD approval takes more than 90 days, you can go to a local USCIS office and get one.
 
Hi GreenCardVirus
Thanks for your reply.
I understood that ,i may get approval without I 94.
In my case ,since my ead expires arround aug 10.
If i apply for h1 extension before aug 10,can i continue work ?

since i 94 willnot be having any dates (do i need to enter into us from home after getting visa?)
Please help me
Thanks
testram
 
testram2006 said:
Hi GreenCardVirus
Thanks for your reply.
I understood that ,i may get approval without I 94.
In my case ,since my ead expires arround aug 10.
If i apply for h1 extension before aug 10,can i continue work ?

since i 94 willnot be having any dates (do i need to enter into us from home after getting visa?)
Please help me
Thanks
testram
Click to expand...
If i apply for h1 extension before aug 10,can i continue work ?
--- you need valid EAD or H1 with valid I-94 for work
 
I am also having same situation. Started using EAD, while three months left in 6 year period. Lawyer advised to use EAD, as my 140 was approved and 485 was pending more than 6 months, at that time. Therefore, now my status is pending AOS, as I did not applied H1B extension before its expiry. Now it has passed six months. In this situation, is it possible for me to come back to H1 status with 3 year extension? Is it worth doing? If so, Will they grant that request?
 
GreenCardVirus said:
You are eligible for H1 in based on one of these 2 conditions, 140 Approval and H1 within 6 years.

Because your H1 expired, there is no continuity. Lacking continuity does not make you ineligible for H1. So when you apply for H1, you will not be subject to H1 quota. How you worked in the period after H1 expiry is irrevalant. It is true that once you use EAD, H1 becomes invalidated but is does not necessarily make you ineligible for one.

In cases where they find you eligible for H1 and you can't show continuity, they will generally approve one without an attached I-94 . If you get one such approval, to be able to get back on to H1, you must go abroad, get visa and enter on H1.

-- So i cannot work just by applying extension? In order to get back to H1 i need to go back to india and come back.
Do they give a h1 without I 94???
Let say i apply h1 extension by next week ,takes 2 to 3 months for approval.
In the mean time my EAD aproves .So i can switch to EAD right ??Please help
me :)



If your EAD expires and you are not able to work, you can wait at home till it gets approved, it does not affect your status. I am not sure of any recent changes, but if your EAD approval takes more than 90 days, you can go to a local USCIS office and get one.
Click to expand...
Thanks
testram
 
Make sure you have a valid AP when you travel - just in case. Because if something goes wrong with your H-1B renewal in India you can always come back on AP and then wait here (not working) until your new EAD shows up. I'd keep that as a backup plan.

testram2006 said:
Thanks
testram
Click to expand...
 
Hi gc2006
Thanks for your reply. My question is whether i can continue work
( after applying for my H1 extension, waiting for EAD renewal also) or
should take a break .Because my case seem to be unique ,since i used AC21 also H1B expired arround jan 2006 .But 1 month remining for 2 year period.
Currenly i am on EAD .

My concern is if i cant work after applying for h1 ,better i can wait for EAD renewal.( applied 30 days back).
Highly appreciate all your inputs

Thanks
testram
 
testram2006 said:
Hi gc2006
Thanks for your reply. My question is whether i can continue work
( after applying for my H1 extension, waiting for EAD renewal also) or
should take a break .Because my case seem to be unique ,since i used AC21 also H1B expired arround jan 2006 .But 1 month remining for 2 year period.
Currenly i am on EAD .

My concern is if i cant work after applying for h1 ,better i can wait for EAD renewal.( applied 30 days back).
Highly appreciate all your inputs

Thanks
testram
Click to expand...

No, you cannot work on H1 after applying for H1 Extension.
 
GreenCardVirus said:
No, you cannot work on H1 after applying for H1 Extension.
Click to expand...


One question remain unanswered, If any one change status from AOS to H1, is it necessary to depart and re-enter with new H1B stamping? OR Will the status automatically changes to H1B, once H1B extension was approved (though it may not have a I-94 attached)? Can any one start working in H1B once it was approved?
 
perm_lc said:
One question remain unanswered, If any one change status from AOS to H1, is it necessary to depart and re-enter with new H1B stamping? OR Will the status automatically changes to H1B, once H1B extension was approved (though it may not have a I-94 attached)? Can any one start working in H1B once it was approved?
Click to expand...

If you enter on AP or used EAD for work, only a H1 approval with an I-94 will put you in valid H1 Status. If I-94 did not come with H1, then you must reenter with H1 Visa Stamp to get back on H1.
 
GreenCardVirus said:
If you enter on AP or used EAD for work, only a H1 approval with an I-94 will put you in valid H1 Status. If I-94 did not come with H1, then you must reenter with H1 Visa Stamp to get back on H1.
Click to expand...

Thanks! However, this is not a friendly/comfortable system or tranfer of status. What is going to change, if any one remain in US during status change and depart for a day come back again? It is only a unnessary travel and expenses.
 
perm_lc said:
Thanks! However, this is not a friendly/comfortable system or tranfer of status. What is going to change, if any one remain in US during status change and depart for a day come back again? It is only a unnessary travel and expenses.
Click to expand...

Before AC21 law, one had to go back to home country if H1 is past 6 years, and if 485 is not applied. One could not work for a new company as soon as a transfer is filed. The person had to wait till H1 was actually approved.

Things are much better now and I believe things will improve. There is lot that changed over a period of last few years, all for the better.
 
Hi GreenCardvirus/Ginnu/RealCanadian/UnitedNations

Hi Gurus
My atternoy says this .
I can continue work after filing H1B/extension transfer.

He says that i am qualified under following sections .



As we discussed ,here is the text of the Immigrantion and Nationality Act that authorized our client to continue working for your company upon filing of the H-1B petition.

INA 214(n(
(1) A non immigrant alien described in paragraph(2) who was previously isued a visa or otherwise provided nonimmigranr status under section
101 (a)(15)(H)(i)(b) is authorized to accept new employmnet upon filing by the prospective employer of a new petition on
behalf of such nonimmigrant as provided under subsection (a).
Employmnet authorization shall continue for such alien untill the new petition is adjudicated.If the new petition
is denied ,such authorization shall cease.
(2) A non immigrant alien described in this paragraph is a non immigrant alien.
(A) who has been lawfully dmitted into the united states
(B) on whose behalf an employer has filed a nonfrivolous petition for new employment before the sata of expiration of period of stay authorized by the Attorney General and
(C) whos,subsequent to such lawful admission,has not b een employed without authorization in the united states before filing such petition.

Since our client qualifies as "nonimmigrant alien" under section 2 ,he is eligible to work under an H1-B petition filed
by Lib/Go as of the data of filing.

Gurus please help me ,whether i can file h1b extension or take a leave.
In all he says i dont need to go outside and get visa stamp.

(my case 2 months left in H1(filed by previous employer) which was expired arround jan 2006 .
ead expires arround aug 21,
used Ac21 and joined new comapny).

Regards
testram2006
 
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