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Immigration Issues/I-94 extension beyond 6 yrs --Wife is US Citizen

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QUESTION: 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.

ANSWER: Hi,

You will be unable to extend H1B status beyond six years since a PERM application (also known as application for alien employment certification) or I-140 petition (note: I-140, and not I-130) petition has been pending for at least one year before you complete six years in H1B visa status.

However, you have the option of applying for EAD (employment authorization document) based on pending I-485.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

---------- FOLLOW-UP ----------

QUESTION: Sir,

I have already applied for EAD and advance payrole alomg with i-485 which is pending.

Will i be able to work with the current employer , and is there a way that my current employer can extend my i-94.

In case if my EAD not yet received.

PLease kindly let me know alternative.

Thanks


Answer
You can work on EAD when your H1B expires, but you will be unable to extend H1B beyond six years. If your H1B expires and you have not yet received EAD, you will need to suspend your employment until the EAD is actually issued.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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