H1B to AOS Dilemma

[leoatcle]

I'm seeking for suggestions on whether I should apply for H1B extension or not given my current situation. My first 3-year H1B is going to expire in early August, and my marriage-based AOS PD is 1/7. So based on the current processing timeline, I'm expecting to get my combo card between May and July. Got an email from the company lawyer today to initiate the H1B extension application.

So, I'm wondering if I should proceed with the extension or not. One thing to consider is I filed my AOS from Ohio and I heard Ohio is one of the fastest place to get the green card, what's the chance that I can get the green card before my H1B expires?

I would appreciate any thoughts!

[Spaniard88]

Better be safe! You can still apply for your H-1B while waiting for AOS. Do you have to pay for the H1-B extension?
I would recommend to be extra safe and do the extension, because even though AOS could be done in May, sometimes the process can get delayed up 21 months (based on the https://egov.uscis.gov/processing-times/ page)

[leoatcle]

Better be safe! You can still apply for your H-1B while waiting for AOS. Do you have to pay for the H1-B extension?
I would recommend to be extra safe and do the extension, because even though AOS could be done in May, sometimes the process can get delayed up 21 months (based on the https://egov.uscis.gov/processing-times/ page)

Thanks for the suggestion! My employer will pay for the extension but I'm a bit concerned that I will have to repay it if I decided to part ways... But I agree with you that applying for H1B extension is a safe choice.

[dejawho]

I was in a similar situation. My H1b was expiring at the end of March. My employers were happy to extend, but we were holding off to see if I can get my green card in time.
While it worked out it got rather close, and was a bit stressful with the prospect of termination looming.
So i would recommend going the safe route too

[tauraos]

Thanks for the suggestion! My employer will pay for the extension but I'm a bit concerned that I will have to repay it if I decided to part ways... But I agree with you that applying for H1B extension is a safe choice.

By law employees are not to pay for H1B its employer's expense. but even if you signed such contract its worth the peace of Mind EADs are taking 6-7 months and may be more in some cases.