H1B renewal beyond 6yrs? 140 approved, 485 pending, EAD

[Oct007]

Sorry if this question has been answered already. I searched and could not find any related threads.

My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

My priority date is Feb 2007.

Is it a good idea to renew my H1B even though I already have My EAD?

If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

TIA for the responses.

[psam]

I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

--Parag

[Oct007]

There are no plans for extended vacation.

I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions .

I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?

[yagw]

Originally Posted by Oct007

There are no plans for extended vacation.

I thought the 3 year h1b extension after 140 approval is a one time deal and there would be no further extensions .

I am not aware of the 12yr lifetime H1B limit. Can some one shed some light on this?

There is no lifetime cap on H1B. Also, there is no limit on how many 3 year terms you can extend it after I-140 approval. What would happen is, after the initial 3 years, your PD might become current and that will make you in-eligible for 3 years ext. (and just one year).

DISCLAIMER: I am not an Attorney and this is not a legal advice

[meridiani.planum]

inline...

Originally Posted by psam

I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)

--Parag

[gccovet]

Originally Posted by Oct007

Sorry if this question has been answered already. I searched and could not find any related threads.

My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

My priority date is Feb 2007.

Is it a good idea to renew my H1B even though I already have My EAD?

If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

TIA for the responses.

I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .

I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/sh...ad.php?t=22182 (IV ACTION ITEM: Write to USCIS on recent spate of I485 denials in AC21 cases.)

Thank you for your time,
GCCovet

[gcdreamer05]

Originally Posted by psam

I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

--Parag

Hi, never heard of the lifetime cap of 12 years of h1b, can you please provide any link or any info about this ?

[Oct007]

If I renew my H1B can I avoid visa stamping by using the AP travel document.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


Thanks to all for the responses.

[glus]

Originally Posted by Oct007

If I renew my H1B can I avoid visa stamping by using the AP travel document.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?


Thanks to all for the responses.

If you renew your H-1B, you can the U.S. re-enter on AP, but you will not receive I-94 with H-1B status and you will be a "parolee," which is not any nonimmigrant status. It is safer to just get H-1B stamped.

[LostInGCProcess]

If I renew my H1B can I avoid visa stamping by using the AP travel document.

You can use AP to travel and still be on H status, provided you are working for the same employer.

I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?

Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.

I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?

Its better to maintain H1 status till you get the GC.

[Oct007]

I have followed what many people suggested and applied for the H1B renewal.

Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.

I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?