Strange rejection from lawyer for h1 3y extenion(H1B approaching 6y, 485 pending 2y)

[majorsun]

Hi,

My husband's I140 has been approved long time ago ago, and we both filed I485 in the July rush in 2007 so it has been pending for 2 years. Now I am in the fifth year of my h1b, and need to renew it. ( I renewed it three years ago). However, my company lawyer said that since the I140 is under my husband's company, I am not eligible for three-year extension. So I will have to use the one year extension, and renew it annually.

I am sure this is not the case, but I don't know how to argue against him. Can someone confirm this is wrong? Are there any references I can present to him?

Thanks very much.
Qi

[Caliber]

Hi,

My husband's I140 has been approved long time ago ago, and we both filed I485 in the July rush in 2007 so it has been pending for 2 years. Now I am in the fifth year of my h1b, and need to renew it. ( I renewed it three years ago). However, my company lawyer said that since the I140 is under my husband's company, I am not eligible for three-year extension. So I will have to use the one year extension, and renew it annually.

Qi

Your attorney is correct. You can not get 3 year H1 extension on your husband's approved 140. Unless you have an approved labor/140, you can not get H1 extensions after you complete 6 years on your H1. You will have to switch to EAD.

[ujjwal_p]

Hi,

My husband's I140 has been approved long time ago ago, and we both filed I485 in the July rush in 2007 so it has been pending for 2 years. Now I am in the fifth year of my h1b, and need to renew it. ( I renewed it three years ago). However, my company lawyer said that since the I140 is under my husband's company, I am not eligible for three-year extension. So I will have to use the one year extension, and renew it annually.

I am sure this is not the case, but I don't know how to argue against him. Can someone confirm this is wrong? Are there any references I can present to him?

Thanks very much.
Qi

I believe he's right and you are wrong. 3 year extension of H1-B is possible if YOU have an approved I-140 petition. It appears that you don't and you only have a pending I-485 filed based on your husband's I-140. That doesn't qualify you for a 3 year extension on your H-1B. Your husband can get a 3 year extension though on his approved I-140. Looks like you have a Labor pending to get the one year extension.

[majorsun]

Looks like I will have to do it annually :-( Anyway, I am hoping to get my EAD before the next renewal so I don't have to do this again and again.

Thanks all for replying so quickly!

[vipul_pandey]

Also,

please bear in mind that you'll get only one 1-yr extension (since you are in your 5th year) UNLESS you have a labor pending for yourself. If you don't have a labor pending then at the end of 6th year your h1 will expire and you'll NEED an EAD to work.

best wishes!