QUESTION
Can I apply for EAD or extend my H1B?
Asked on Jun 18th, 2012 on Immigration - New Hampshire
More details to this question:
My I-140 was approved but my priority date is not current. I wanted to continue working, but my H1B will soon expire. Can I apply for EAD or extend my H1B?
6 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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How long have you had H1-B status? When was your I-140 filed and when was it approved? What type of work do you do?
Answered on Jun 29th, 2013 at 1:18 AM
Immigration Law Attorney serving Long Beach, CA
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Law Offices of Brian D. Lerner
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Assuming it has been pending for more than 1 year, you can get yearly extensions of your H-1B.
Answered on Jun 28th, 2012 at 5:44 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Yes, you can file H-1 extension if your I-140 is approved but you cannot file I-485 due to the priority issue.
Answered on Jun 27th, 2012 at 5:24 PM
You must extend your H-1B in order to maintain your status if your priority date is not current since you cannot yet?apply for adjustment of status. Only a pending adjustment application could be the basis for an EAD.
Answered on Jun 27th, 2012 at 2:43 PM
You cannot apply for the EAD because for that you need to have a pending I-485 and you cannot file that if the priority date is not current. Depending on whether you are eligible for the extension of your H-1B or not, you may be able to file for the extension. You need to provide more information about that eligibility.
Answered on Jun 26th, 2012 at 4:43 PM
Commercial Attorney serving Portsmouth, NH
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Mesinschi Law Offices, PLLC
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If you continue to qualify, your employer can apply to extend the H1B.
Answered on Jun 26th, 2012 at 4:41 PM