Which one is better H1B 7th yera Ext or EAD?

T

thripu

Registered Users (C)
Hi,

485: WAC-02-115-5xxxx RD Feb 20, 2002

EAD: WAC-03-144-5xxxx RD Apr 08, 2003.
Received RFE and replied on August 11th 2003.


My current H1B is expiring on Dec 18th 2003. My company is ready to apply for 7th year extention. My job involves lot of international travelling.

Which is better?
Go for 7th year H1B extentions and stamping it on my passport
or
Go for EAD?
If it is EAD - Am I allowed to travel frequently?

My wife and daughter are in H4 status.

What do you guys suggest?

Thanks
 
thripu,

Apply for 7th year H1 extension and AP at the same time. Use the H1 for working in the US and AP to travel abroad.

EAD's are a pain the renew and iEAD wastes an entire day. AP's are extremely smooth to use and you don't need to get anything stamped.

The merits/demerits of the above situation have been well documented in previous threads, if you want to refer to them for futher info. If you can't find the previous thread, repost, and I will try to help you find them.

Good luck!
 
Um... 7th year H-1B extension can be approved only if I-140 is pending adjudication for more than a year. If your I-140 is already approved (to which I see your EAD evidence), then there is technically no 7th year H-1B extension for you...
 
How True!! Trust BitterMan to read between the lines.

I apologize for not taking the time out to think matters through, should have caught that one.

thripu,

BitterMan is correct, you will have to go in for AP/EAD.
 
Originally posted by BitterMan
Um... 7th year H-1B extension can be approved only if I-140 is pending adjudication for more than a year. If your I-140 is already approved (to which I see your EAD evidence), then there is technically no 7th year H-1B extension for you...
Click to expand...

BM

This is not true. Even if 140 is approved, 7th yr extn is allowed.
 
Who says you can not have EAD if your 140 is pending......

i know bunch on ppl having EAD and they still have 140 pending...
 
Originally posted by neeru
BM

This is not true. Even if 140 is approved, 7th yr extn is allowed.
Click to expand...

Could you please provide a reference to an official source?

To my best knowledge, 7th year H-1B extension is reserved for applicants with I-140 petition pending unadjudicated for more than 365 calendar days. As soon as I-140 is adjudicated (approved, that is), its beneficiary becomes ineligible for 7th year extensions anymore. Don't get me wrong - you most certainly can file for one, but it will be denied down the line.
 
Originally posted by mygcwaiter100
Who says you can not have EAD if your 140 is pending......

i know bunch on ppl having EAD and they still have 140 pending...
Click to expand...

Not anymore, unfortunately. A couple of months ago, CSC (or was it INS-wide?) published a new policy in regards of concurrent filings. The policy states that neither EAD nor AP will be issued before I-140 is approved.

Which is totally reasonable, if you ask me. Besides, a large volume of people were frivolously filing concurrently just to get an EAD. INS decided that they had enough of that.
 
Yes I would agree its totally unreasonable , however it was done for a long time.

The problem with BCIS is that they have there mind stuck up there a## thats why we are seeing so much backlog. They should have given some priority to people whose 140 have already been approved....

Concurrent filing has incresed the 485 number drastically....

Originally posted by BitterMan
Not anymore, unfortunately. A couple of months ago, CSC (or was it INS-wide?) published a new policy in regards of concurrent filings. The policy states that neither EAD nor AP will be issued before I-140 is approved.

Which is totally reasonable, if you ask me. Besides, a large volume of people were frivolously filing concurrently just to get an EAD. INS decided that they had enough of that.
Click to expand...
 
BM

I know it coz I am in that boat.
I didnt read the law on this; the lawyer took care of that.
 
Originally posted by neeru
BM

I know it coz I am in that boat.
I didnt read the law on this; the lawyer took care of that.
Click to expand...

While I appreciate your opinion in legal matters, I would prefer it to be an educated opinion.

Well, I've done the legwork this time, since I was curious. It turns out that there is a case in which an extension of H-1B status may be granted in 3-year increments for a beneficiary of an approved I-140 petition. It is covered by AC21 as well as the 7th year extensions I was referring to earlier.

To summarize the law, specifically, AC21 paragraph 104(c), if a person is a beneficiary of an approved I-140 petition and is eligible to file I-485 to adjust his/her status to of a legal permanent resident with an exception that per-country limitation in visa numbers has been exceeded, then the said person may file for an extension of non-immigrant status H-1B and may be granted the extension in 3-year increments.

So far, so good. It sounds pretty much like anybody can get extensions beyond the 6th year. But there is a catch. The catch is that all priority dates in all employment-based preferences are now current (and has been current for a while, if memory serves). Therefore, my understanding is that nobody nowadays is eligible to use this specific article of the law.
 
sorry, I shouldnt have addressed you in that post. That was actually meant for the original poster and for anyone else looking for an opinion.

my advice based on my own experience is still the same: Get both H1 and EAD/AP.

Use AP for travel, only because the H1 visa stamping queues are very long now-a-days.

---
 
just use your EAD

If for seventh year extension, note that it takes a while to get your H1B. Secondly, you need to get stamped etc. My lawyer suggested I just need EAD (which is valid till 08/2004), and apply for renewal in Feb - six months before.

H1B extn. are getting a bit tricky (I dont know about the rule of 140 and H1B Extn.)

If the company pays for it, just go ahead for H1B. So what is wrong. Then ofcourse, you dont need your AP anyway, unless your AOS get approved while you are abroad.
 
Hi BitterMan,
I am already on 7th year, and just applied for 140 after waited 2 long years for LC. Planning to go for CP.
I talked with my attorney and was told that If I don't get the CP interview by the expiry of my 7th year, I can get 8th year extension? Is it true?
Anyone in similar situation?

Thanks,
Desi145
 
Bitterman is incorrect!,
7th or 8th year H1 extension is valid as long as your last entry into the country was on H1. If you have used AP for entry then the H1 cannot be extended.
Goldfinger
 
EAD - No problem.

I have EAD, my H1 expired two years ago (after completing 6 years). I have got my AP's and EAD's renewed 3 times since then. As I got my EAD one year before my H1 got expired. I have travelled to India once every year since then. Not once have they asked for my EAD. They just see my AP. (Till now). My I-140 got approved 3 years ago. GC process was started in EB-1 category and my 485 is still pending (obviously, that is why I am still getting my EAD's and AP's renewed!!).

So, the point of having your H1B extended for the 7th year or EAD applied/extended should not be a concern to worry about. I would advice you to get your EAD and AP done. And then travel on your AP. You should be fine.
 
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