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View Full Version : 10th Year H-1B extension while I-485 pending


ibmguy
04-07-2009, 05:48 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.

waitforgc1
04-07-2009, 07:20 PM
Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.

gc28262
04-07-2009, 07:23 PM
I'm in my 9th year of H1B which is going to expire in about six months. My employer is suggesting to extend H1B and not use or extend EAD. Based on your experience and knowledge please post your advise. If a post like this already exists, please point me to that. I could not find one easily. Thanks a lot.

Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

svn
04-07-2009, 08:06 PM
After 10 years on H-1, last year we applied for my H1 extension and received a 3 year extension, based on I-140 approval. However, I am traveling out of the country and did not want to go to the consulate for a visa stamping especially since I had a tough experience the last time around. Luckily, my company also applied for EAD extension and Advance Parole. I am planning to use the Advance Parole for reentry - therefore, travel is one reason you might prefer to have an Advance Parole (though you might be able receive an Advance Parole without extending your EAD as well - am not sure of that)

Irrespective of whether EAD is used, one should always extend EAD as a backup. ( Especially in this economy)

I definitely agree. Not sure whether an EAD can be obtained in the future, if you do not keep it continuously active by extending it - you will want to look into that.

number30
04-07-2009, 08:08 PM
Thats a little strange, as employers now a days are suggesting to use EAD instead
of H1's as the extentions itself has problems. And based on what i know its
ok to be on EAD instead of h1. Either way there is not much difference.

It is not strange from employer perspective. That way they will not be subjected to auditing from DOL. And they can show less number of H1B employees. Some people also gets advantages of non- H1B dependent employer.

ibmguy
04-09-2009, 03:09 PM
Thanks to all who responded. I really appreciate your time. Your replies have really been useful. It seems like one can maintain both H-1B and I-485 adjudicating status simultaneously. Some employers probably go by the policy of continuing H-1B status. Only thing for me is that I will have to go for visa stamping which I really did not want to as it is such a hassle and takes a lot of time.

radhay
04-09-2009, 03:27 PM
looking at your handle you might be working for IBM. Not sure if they are still using Fragomen law firm.
You don't need to get H1 stamping done if you have Advance Parole. Some firms may be suggesting their clients to renew H1B so they can charge bunch of fees. Since it is no cost for you it works in your favor as having H1B and EAD as backup doesn't hurt.

ibmguy
04-09-2009, 08:31 PM
I think I am not going to put a fight with the department handling my immigration. I may have to go for stamping though because they may not be willing to renew AP every year as a valid visa will save then from trouble (only trouble for me). Everyone is trying to cut short on expenditure.
BTW, my name ibmguy stands for Intermittently Brainwashed and Manipulated Guy. It has nothing to do with International Business Machines.

sridharnarasimha
04-09-2009, 09:32 PM
I went for H-1 renewal after 10-year completion. All set for 13 years on H1B. I also renewed my EAD but do not plan on using it. I did not renew my AP after the 1st year. My employer pays for H1 renewals but not EAD and AP renewals. So it was a no-brainer for me. Visa stamping is an hassle, but it is worth the trouble when considering the money saved in not applying for AP for 3 of us in my family for 3 years.

GCFROMOHIO
04-09-2009, 11:11 PM
Hi,
I am also on my 9th year of extension and Recently I changed jobs ( from fortune 500 to another fortune 500) and the new company suggested to have my 9th+ years H1 extension and have applied for the same. I just received the approval yesterday with in 30 days. The only reason I moved is so that I can refile in EB2, I have Masters+MBA prior to my old Labor, but couldn't apply as the old company job descriptions did not support it. With recent changes in I140 premium eligibility criteria, any one with H1 of 6years or more eligible for it and so you might want to extend your H1 and use Advance Parole to travel if you are thinking of any portability to EB2 in future.

Refer to the article on Murthy.com for the new I140 premium eligibility changes
http://www.murthy.com/news/n_140ppe.html

Thanks