H1B abt to expire & applic'n delayed, PD about to be current

[orchids4ever]

Hi,

My 1st H1B extension will expire on Jan 08, 2012. This was a 3 year extension as my I140 was approved (so I have been on H1B for 9 years now).

My priority date is March 14, 2008 (EB2 - from India)

My company has still not filed for my next H1 B extension as they were misinformed that my priority date will become current next week and then I dont need a H1B but can use my EAD card instead. I just found out about this today. My understanding is that even if my PD becomes current next week, there is no way my EAD card will reach me before Jan 8th and besides I want to keep my H1B. So after some ph. calls my company has agreed to start my H1B renewal, but I am worried its too late.

1. I dont think I will get an H1B approval before Jan 8th, and my PD will hopefully become current by mid December. Will this affect my I485 application adversely? As far as I know, as part of the I485 application, I should send copies of my H1B approval notice and I would only have one that is expired.

2. Should I just do premium processing (I will have to pay for it myself)? I still may not have the H1B approval notice when my date becomes current.

3. Should I wait for the new H1B approval before I file for I485 even if my date becomes current next week?

Thanks in advance!

[pontevecchio]

A timely filed H1 keeps you in status. The receipt will be proof.