Visa expires / EAD 90 days away

M

mal64

Registered Users (C)
I have a very peculiar situation…

My wife’s company has applied for Green card for her and labor has been approved. She is now applying for I140/I485 and EAD.

My H1 is only valid till Aug 2003 (six years cap). My company lawyer would apply for extension based on the fact that my visit to India spanned a total of 12 weeks in last six years. I hope I would be approved for those three months. Does anyone has been in these situation and has got his H1 extended?

Meanwhile I hope to get EAD in maximum of 90 days.
Say EAD is not approved before I get rejection from the INS on my H1 extension petition, do I have to go back or Can I stay as H4 on my wife’s extended H1 visa of 7th year?
Any ideas or has someone gone thru this situation?
 
Talk again to your attorney

First, use your receipt number to check when the BCIS is expecting to give you an answer (bet is no less than 150 days and stretching). Don't count on getting an iEAD, since is takng a while now that most local offices does not accept walk-ins.

Take a safest way. Ask your attorney about getting your H visa extended for an extra year, based on your GC application. He/she must know about it, but don't be surprised if they don't. You can research on it:

http://shusterman.com/s2045analysis.html (look at section 106)

Good luck,
Rich
 
Rich thanks for your reply....

But the fact is that my wife can get extension not me since it is she who has applied for GC not me.

I as a spouse cannot get 7th year extension.
Am I right?

Do I get an extension for 3 months based on the fact that I was on (paid) vacation outside USA for 3 months in past 6 years?
 
Did u file your I-485 also?

Hi,
If at all you also filed your I-485 along with your wife's,then AS PER MY LAWYER(I was also in a similar situation like your's),"your 6 year H1-B clock stops in your AOS" atleast your stay in this country is legal until a desicion is made on your 7th year extension/EAD for your work.
Hope this helps.
 
Last edited by a moderator:
thanks abhi.
Your post did help to soothe the nerves. Yes my wife's lawyer is simultaneuosly applying I485 for my wife and myself.
Can you also please clarify one thing...
I also work so could I be paid legally by just reminaing in status or do I stll need to extend my H1 visa based on my left over vacation.

Appreciate your reply.....
 
Have to have an approved h1-b or EAD to be on pay-roll

Hi Mal,
You got have an approved H1-b(or h1-b extension receipt notice) or EAD to be working legally!
 
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