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gps001
02-23-2010, 03:34 PM
Hi,

1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)

I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


Thanks.

dskhabra
02-23-2010, 03:38 PM
Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.

Madan Ahluwalia
02-23-2010, 03:39 PM
Your wife can not extend her H1b.

If both of you have EAD/AP, you should use that to continue working.

Otherwise, you can extend your H1b and continue working. She can not.

If your new H1b is already approved (don't understand why you are not using your EAD and keeping H1b open), and you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.

gps001
02-23-2010, 04:04 PM
I don't want to use EAD/AP, as I want to have a backup.

dealsnet
02-23-2010, 04:13 PM
She can't renew her H1B after 6 years. She can work using EAD or choose not to work. No need for H4 also. If you want a cover for you, she need to file PERM for her to start a process for her. No other way for cover. If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.

Hi,

1. I have my I-140 approved, applied for I-485 and have EAD/AP
2. Spouse has her own H1-B, and applied for I-485, based on my I-140, and has EAD/AP
3. Both have 6 years of H1-B expiring later this year (both from different companies)

I can extend my H1-B based on pending applications.
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?


My present H1-B expires in November, but I will probably get my new H1-B renewed by June. I intend to travel in September. I don't intend to go for visa stamping and not use my AP. This is because I have a valid stamp until November.

Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?


Thanks.

desi3933
02-23-2010, 04:17 PM
.... you want to get entry on H1b for the time period on new h1b approval, you need to get the visa stamped from US consulate (for the same time as new H1b validity period). Otherwise you will be allowed to enter for remaining time period for old approval.


This is not correct.

One can use unexpired H-1B visa stamp along with the latest I-797 to get I-94 date as mentioned in the I-797 approval notice.


_________________
Not a legal advice

desi3933
02-23-2010, 04:20 PM
.....
QUESTION 1: Can my wife extend her H1-B (beyond 6th year) based on her pending I-485?
........

No.


Question: When I am at the port of entry, I will have my old H1-B valid for 2 more months and also the visa stamp valid for 2 more months, but a new H1-B I-797 is already approved. Will this cause a problem?

Refer to my previous post on this thread.


_________________
Not a legal advice

desi3933
02-23-2010, 04:23 PM
If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


_________________
Not a legal advice

willIWill
02-23-2010, 06:25 PM
I don't want to use EAD/AP, as I want to have a backup.
Gps, look at the below link, it should be informative and useful in your case.

EAD or H1:

Unless until you have any dependants still to be included in your GC, go for EAD get done with the H1 headache.

H-1B vs. EAD/AP some thoughts - Blogs - Immigration Information Discussion Forum (http://www.immigration-information.com/forums/blogs/ron-gotcher/10-h-1b-vs-ead-ap-some-thoughts.html)