H1B extension or rely on EAD - conflicting info. Help


orchids4ever

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I am getting conflicting information on this. I am on my 9th year of H1B (got 3 year extension after I140 approval). The H1b extension expires in 2 months (Jan 8, 2012). My priority date is 3/14/208 which has just become current.

The law firm that my company uses for H1B says

"She has been on H1 since 2003. A person can be on H1 for a max. period of six years. Her extension which is beyond the six year period is purely based on the pending GC. If her GC gets rejected by any chance, then her H1 is revoked automatically since it was dependent on the pending GC. So there is NO NEED to EXTEND HER H1B as she can work when she recieves her EAD card"

The law firm that my company uses for GC says

"Her H1B extension was based on I140 approval. Even if I485 gets rejected she can continue to be in status on the H1B and restart I485 application".

My company, obviously wants to save money and not apply for H1B extension. I dont mind paying for my H1B extension but I dont know what to do. Which is correct?

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Neither response is a complete answer. Additionally, the H1B company is incorrect regarding the revocation of the H1B. Therefore, it is advisable to speak directly with an attorney experienced with such matters. The Murthy Law Firm has a very well-regarded Green Card Department and H1B Department with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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