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I-94 extension beyond 6 yrs

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  • I-94 extension beyond 6 yrs

    Sir,

    I'm on H1 B visa currently. It will expire in 8 months from now.

    My wife is a US citizen and I have son who was born in US.

    I have applied for a family based GC and my 485 is pending and I-130 is approved.

    I wanted to get my H1 extended through my employer. I assume that since my I-130 has been approved and I-485 is pending i should be able to get my H1 B extended.

    Please correct me if my assumption is right ....or request you to please let me know the next step in order to get my H1 b extended through my employer.

    Thanks Sir , waiting for your earliest reply on this.

  • #2
    If you have completed 6 years on H1b, no more extension is possible. You need to apply for an EAD and work based on that if you don't have an employment based labor filed by the end of 5th year.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Why bother with H1B any more after you have applied for a GC?!
      If your I-485 is pending as you say then uou can either wait for your conditional card or if you believ it's gonna take long then simply apply for an EAD through I-765! It is free, just include a copy of your I-797C the receipt of your I-485! And you'll get your EAD within 3 months and you will be able to work wherever you want!
      Once you start the GC process forget about visas anymore!! A new game starts now!
      Otherwise I guess if you apply for H1B USCIS might interpret it as an abandonment of your I-485! So stick to it, wait for your interview and meanwhile get an EAD!

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      • #4
        Originally posted by johngrnmn
        Otherwise I guess if you apply for H1B USCIS might interpret it as an abandonment of your I-485!
        That ain't true.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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