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-   -   approved I140; do I need H1B extension (https://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/15402-approved-i140-do-i-need-h1b-extension.html)

dhirajgrover 11-13-2007 11:47 PM

approved I140; do I need H1B extension
 
I140 approved and 485 pending. Current H1B expires in Dec this year. Do I need to file for an H1B extension or does this change my status automatically? Please be detailed in your response. Thanks.

GC_Aspirant101 11-14-2007 12:39 AM

File for Extension
 
You have to file for H1B extension. Since your I-140 is already approved, you are eligible for max of 3 years extension.

Rajwaitingon140 11-14-2007 01:44 AM

dhirajgrover
 
What was your I-140 Reciept Date?

RT
I-140 Reciept Date: DEC'2006

Quote:

Originally Posted by dhirajgrover (Post 194834)
I140 approved and 485 pending. Current H1B expires in Dec this year. Do I need to file for an H1B extension or does this change my status automatically? Please be detailed in your response. Thanks.


mangelschots 11-14-2007 04:21 AM

Just spoke to my lawyer about the same.
You CAN stay in US on EAD/AP only. There is no strict necessity to extend your H1.
However, the disadvantage of this is that, in case your GC get's denied or if you do not renew your EAD on time (my lawyer recommends to apply for EAD renewal 100 days before its expiry), you get approx 10 days or so to pack your stuff and get out of Dodge City. I don't know how mobile you are. Depending on your situation (single, living in an apartment out of a suitcase, vs married with children in school and a mortgage on a house) this might be somewhat uncomfortable.

When you keep your H1 current in parallel to your EAD/AP, (in case your I-140 is approved, you are eligible for extension up to 3 years) you are guaranteed to be allowed to stay in the US (you'll have to continue working for your sponsor) for the duration of your H1, regardless the outcome of the GC.

So, worst case: you abandon H1 and GC gets denied --> adios muchachos, you have 10 days to get out of here.
more comfortable doomsday scenario: H1 extended for another 3 years and GC denied --> you get to stay a little longer and can make a more graceful exit.
In case your GC gets approved (this century) --> who cares - Party time.

dhirajgrover 11-15-2007 12:43 PM

Re:
 
Jan 3, 2007. Thanks!

Quote:

Originally Posted by Rajwaitingon140 (Post 194851)
What was your I-140 Reciept Date?

RT
I-140 Reciept Date: DEC'2006


dhirajgrover 11-15-2007 12:46 PM

Thanks for the detailed reply!
 
Hello mangelschots,

Thanks for the detailed reply! For some reason, my employer's law associate informed me that I would not need an H1B extension if I had my I140 approved. As such, I was double checking as it did not sound right to me.

DG

Quote:

Originally Posted by mangelschots (Post 194868)
Just spoke to my lawyer about the same.
You CAN stay in US on EAD/AP only. There is no strict necessity to extend your H1.
However, the disadvantage of this is that, in case your GC get's denied or if you do not renew your EAD on time (my lawyer recommends to apply for EAD renewal 100 days before its expiry), you get approx 10 days or so to pack your stuff and get out of Dodge City. I don't know how mobile you are. Depending on your situation (single, living in an apartment out of a suitcase, vs married with children in school and a mortgage on a house) this might be somewhat uncomfortable.

When you keep your H1 current in parallel to your EAD/AP, (in case your I-140 is approved, you are eligible for extension up to 3 years) you are guaranteed to be allowed to stay in the US (you'll have to continue working for your sponsor) for the duration of your H1, regardless the outcome of the GC.

So, worst case: you abandon H1 and GC gets denied --> adios muchachos, you have 10 days to get out of here.
more comfortable doomsday scenario: H1 extended for another 3 years and GC denied --> you get to stay a little longer and can make a more graceful exit.
In case your GC gets approved (this century) --> who cares - Party time.


dhirajgrover 11-15-2007 12:46 PM

Thanks!
 
Thanks!

Quote:

Originally Posted by GC_Aspirant101 (Post 194844)
You have to file for H1B extension. Since your I-140 is already approved, you are eligible for max of 3 years extension.



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