EAD approval delayed and H1B expiring soon

[vevi44]

I am on EAD and I have applied for EAD and AP extensions (receipt date- 10/30/2014) and  Still waiting.

 

My H1B expires 02/08/2015 and current EAD expires on 02/26/2015. My priority date is 12/23/2009(EB2) and I am little optimistic about getting GC this year so I was not planning to extend my H1b. Since the EAD approvals are taking forever I am not even sure I will get my EAD approval before its expiry (02/26/2015).

 

My employer says I should apply for H1B extension (he only pays for the USCIS fees,rest mine). I don't know what should i do, apply for H1B extension or wait for EAD approval. Please advise.

 

 

 

 

[ashuneel]

you should apply for H-1 extension and employer must pay all costs.

[vevi44]

Thanks.

Can I wait to apply for h1b extension until 02/16/2015 to see if I get EAD approval? That means applying H1B extension after it has expired (02/08/2015). If I get EAD approval I don't want to apply for H1B extension.

[ashuneel]

According to murthy website "At this time, the DOS believes that EB2 India will ultimately only advance to a summer 2009 cutoff date by the end of FY15."

Since your date is after that it is highly recommended ( not required) to keep H-1 status even after receiveing EAD. Why do you want to wait as employer needs to pay for H-1 filing costs and it not wise to take risks ( like filing after H-1 expiry) when you are so close to getting GC.

[vevi44]

Thank you.

I know but i am still optimistic because they mostly beat their predictions.

 

I agree on maintaining the h1b status. My employer is now paying all the costs for H1b but nothing towards H4 extensions.

Do we need to extend H4s as well? Their EAD\AP was also applied on the same date (10/30/2014) and still pending. H4s expires on 02/08/2015 same as H1B but their I-94 valid till end of 07/2015. Any advise?

[ashuneel]

i would extend H4 as  it costs $290 for I-539 filing. you can wait a little    as you should be getting the EAD/AP anytime now. 90 days is the current processing time and seems to be accurate.

[vevi44]

My H1b extension will be filed next week. I decided to wait some more time for h4 as  my wife do not work. I am think I can file H4 extension myself even after its expiry (02/08/15) as their I-94 is valid till July 2015.

 

Thanks for your time and help in this regard!