View Full Version : H1B- Extension --Urgent.Advice needed

06-21-2007, 10:38 AM
Hi All,

I read an article in murthy website

"Priority Date Movement and H1B Extension Strategies"

This article states that one can't apply for 3 years H1b even if their I140 is approved and they should go for 1yr extension. In my case I am short of 20days to be eligible for 1yr extension (8th yr). since my H1B expires 20days before my Labour filling date ( with New Employee).

a) I dont have my visa stamped on my pp
b) My wife's H4 expires on July07 mine oct\07
c) I have already filed for 3yrs of H1B and H4 extension as of May before the PD became current.

1) So What are my options?
i) Apply for 485 and wait for EAD.
ii) Leave the H1B petition as such Apply EAD and wait for the decisions on my case
iii) Go to canda for 25 days and come back with out stamping and recapture the dates and apply for 1yr extension
iv) Go to canada get H1B stamped and go to INDIA for a month and get H4 stamping for my wife and come back and recpature the dates and get 1yr extension.
v)File 485 get receipt and go to INDIA for 3months and recapture the dates
and get 1Yr extn and come back in H1B.
vi) Don't File 485. Go outside country gain 21days and apply 1Y extn.
vii) with draw current petition and apply for my wife till 10\07.

2) What happens if my 3yrs extenson petition is rejected\RFE is sent? Will my wife be out of status bcos her h4 is valid only till 07/07.
what happens if she has to leave (if the petition is cancelled). Her I94 is expired.whether she will face any problems at the airport.

3)Can she maintain a valid status after 07/07 if the case is still pending?
if Yes untill when?

thanks for reading this .

Can anyone suggest a good and best way 2 go in this scenario.


06-22-2007, 12:29 AM

06-22-2007, 01:32 AM
I am in the same boat . I checked with 2 Attorneys and they said i am fine.But i am not comfortable. My h1 is expiring on 29 June 2007 and i filed my ext on may 15 bumped to PP last week , I am planning to go ahead with 485 petition.
let me knw if u have any updates

06-22-2007, 11:43 AM
Hi royus77,

I had a con call with my attorney and employee. what I heard was that if the
visa dates doesnt retrogress then there will be an RFE on the petition and the travel is needed to capture the dates to file for 1yr.

But I am good to file for I485 and travel once the 485 receipt is available
and go for stamping based on the new approval package.

Now this brings a new question?
Once 485 is filled,Can one travel with out advance parole ? what are the disadvantage if they do so?

Any one.....


06-22-2007, 01:56 PM
Any one....