What should I do 140/EAD ...

O

oris

Registered Users (C)
My H1B will expire at the end of March(6th year). I have my EAD since November 2002. My i-140 has not been approved and the receipt date is June 19th of 2002.
My lawyer does not want to do anything or even spend time with me since he's already been paid. I ask him questions he literally does not know what's going on or care.
My question is should I go for a 7th year extension in case my i-140 gets rejected in order to continue or reapply or whatever else is necessary ... or use my EAD? What are the pros and cons in real terms.
Thank you for your insight.
 
first and most important: fire your lawyer and get a good and responsible one. spend the couple of bucks, it's your future at stake.
 
Safest is to apply for 7th year H1B assuming you qualify (LC or I-140 pending for > 365 days). The pro is that you have a fall-back in case your I-140 gets denied. Con is that you or your company pay the H1 extension fees, lawyer, etc. If its a 2nd extension with the same company, they do not have to pay the $1000 training fee.

Your I-140 will not be denied out of the blue - they will likely send a RFE and if not satisfied with the response, a notice of intent to deny. At that point (if it happens), you could file a 7th year extension. That way you save on the fees until it becomes absolutely necessary. If money is not an issue, then go ahead and do it now.
 
Safest is to apply for 7th year H1B assuming you qualify (LC or I-140 pending for > 365 days). The pro is that you have a fall-back in case your I-140 gets denied. Con is that you or your company pay the H1 extension fees, lawyer, etc. If its a 2nd extension with the same company, they do not have to pay the $1000 training fee.

Your I-140 will not be denied out of the blue - they will likely send a RFE and if not satisfied with the response, a notice of intent to deny. At that point (if it happens), you could file a 7th year extension. That way you save on the fees until it becomes absolutely necessary. If money is not an issue, then go ahead and do it now.

Note that you can file 7th year H1B even if the 6 years have expired and even if one has left the country after 6 years. More info on this is available in this forum (H1 expiring thread) and on sheila murthy's website.
 
EXPLAIN PLEASE

HI,
As I understand, 7 year extension is for those whose LC was filed (an year before 6 year limit is reached) and have not become permanant residents yet.

If I-140 is denied, 7th year extension has no meaning is it not ?

What is the basis for 7th year extension in case I-140 is denied ?

I would appreciate if someone can explain this or direct me to a www ?
thanks
 
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