Very Important question for Gurus

O

Oct1RD01

Registered Users (C)
Very Important question for Gurus - Please Advise

Hi,

I am an Oct 2001 filer and my I485 is still pending. My H1 expired back in Jan 2003 and I filed for H1-extension at that time. A couple of weeks ago, I got an RFE on H1-extension and the deadline to respond to RFE is in Oct 2003. I am currently working on the basis of 6th-year H1 extension filed.

My attorney does not want to respond to RFE just yet and wants to see if my I-485 gets approved by the end of Sept 2003. He is just busy and does not think it as urgent and does not want to spend any time on responding to RFE. My questions are:

1. Are there more chances of getting RFE on my I485 now, as my H1-extension has an RFE?

2. If God willing my I485 gets approved without any problems before Oct 2003, would I still need to respond to H1 RFE? If I don't, what would my status and work between Jan 2003 and I485 approval be considered as?

Any help will be greatly appreciated.

Thanks a lot.
 
Last edited by a moderator:
First of all, you should take up your case with your local Congressman or State Senator. To answer your questions:

1. Are there more chances of getting RFE on my I485 now, as my H1-extension has an RFE?

Ans: There is always a possibility that an RFE could be generated for your 485, though you would want to hope for the best.

2. If God willing my I485 gets approved without any problems before Oct 2003, would I still need to respond to H1 RFE? If I don't, what would my status and work between Jan 2003 and I485 approval be considered as?

Ans: If your 485 gets approved, you don't need to bother responding to the H-1 extension RFE since you're in legal status ever since you filed your 485 and provided you have an EAD valid on or before Jan 2003. But that doesn't resolve the work status issue. I presume you've been working on your EAD since Jan 2003. If not, you need to ensure that you had an H-1 during that time, in which case you'll need to follow up on that H-1 extension and get it resolved, though the probability that IRS will detect any abnormality is very small, but you might want to be on the safe side. Since you're paying the lawyer, he should act on your request, not based on what he wants, he's free to provide advice but if this will affect you then you should pursue the H-1 extension.

My 2 cents.
 
H1B and I-485 files are not together. So you need not worry about I-485 RFE.
If you had EAD by Jan 2003, then you are fine otherwise reply to H1B RFE ASAP.
 
I have never applied for EAD. So, from Jan 2003 until now, I am working on H1-Extension approval hope.

So, even if my 485 gets approved, not getting H1-extension (by not responding to RFE) will leave my work from Jan 2003 until 485 approval, illegal.

What you think?

Thanks a lot.
 
Yes, It is illegal. So reply to RFE ASAP and don't abandon your H1B petition.
I think attorney is not doing some free service for you, ask him to reply ASAP.
 
That's why we keep suggesting that it's always better to apply for an EAD as soon as you file your 485, even if you don't plan to use it ever. It's just a safety net. I've learnt from my mistakes that never leave any stone unturned while dealing with BCIS. Better be safe than .....extremely sorry.

Yes, your work status would be considered illegal from Jan 2003 till date if your H1 extension doesn't come through. So, please pursue it with your lawyer to send a response.
 
Why the heck you didn't apply for EAD? What are you going to lose by $100?

Apply for EAD now. You can apply on your own without your
stupid lawyer help. Also focus on H1 entension at the same time.
 
Applying for EAD

Few questions on filling for EAD. I don't want to use my attorney for this because as mentioned above, he is not helping with other things.

1. Is there any fillable form I-765 or just download it and hand fill it.
2. Which A# should I use? I have I485 receipt, should I use that one?

Thanks a lot.
 
Last edited by a moderator:
You should reply to H-1 extension RFE, remind your attorney of 240 days rule i.e. an individual cannot work more than 240 days on your pending H petition.
 
I am in an identical situation except that my H-1 expired end of June 2003. Applied for renewal first week of June 2003 and the application is still pending.

485 is pending since Feb 2002 and I do have an EAD (renewed in March 03) but never used it

Does the company need to switch me to EAD? (lawyer said I don't need to based on pending H-1 extension)... What is the procedure to switch to EAD if necessary?
 
ThakurSahab,

I did not know about this rule (240 days). Is there any website or any other place where this is explained or anyone else heard of this rule?

Thanks.
 
Originally posted by arun_parv
I am in an identical situation except that my H-1 expired end of June 2003. Applied for renewal first week of June 2003 and the application is still pending.

485 is pending since Feb 2002 and I do have an EAD (renewed in March 03) but never used it

Does the company need to switch me to EAD? (lawyer said I don't need to based on pending H-1 extension)... What is the procedure to switch to EAD if necessary?
Click to expand...

Ask your employer to fill new I-9 for you. I-9 is maintained just for records, it need not be mailed to anyone.
 
Oct,
I do not have any website for you to point to at this time, but I'm pretty sure about this rule, my attorney told me about it, also my friends
attorney also told him about this rule when she filed his H extension petition in April of this year. And I do remeber reading about this on one of Murthy's chat transcript, you may want to do a search on her website.
 
Here few links I found from google.

http://www.worldvisas.com/USA/faq-h1.htm

*****************************************

4. I have applied for my H1 extension on april 30th to INS, my H1 expires in 4 days......june 8th. I haven't heard from INS as of yet. I finally sent them a letter today requesting the status on my application since i could never get through the telephone. I was wondering if I have to stop work since the extension is not here yet.....or is there a grace period in which I can still legally work?

A: There is such a period. Since you filed for your extension before your H-1B expired, you are authorized to continue working for your H-1B employer while your extension is pending for a period not to exceed 240 days from the date your H-1B expires or until your extension is fully adjudicated, whichever comes first.


and the above excerpt is from
http://www.usvisanews.com/wedquest060601.html
 
Thank you very much my friends. I am going to give my attorney some hard time.

Thanks again for all your help.
 
You must log in or register to reply here.
Top