H1B Extension - How many days in advance can I apply?

[zak74]

Hi,

I'm on H1B and it's valid till Dec-2013. I got a 3 year extension last time since I had I-140 approved.

Now, my I-485 is pending and I have EAD/AP.

How many days in advance can I apply for my H1B extension? Can I apply now ? 10 months in advance?

I just wanted to get it done with and go for a visa stamping with the new extended H1B petition.

Is it possible?

[catx]

A H-1B visa extension can be filed 6 months in advance of the expiry date of the current H-1B visa. That being said, since you have filed for and received an employment authorization document (EAD) and advanced parole (AP), you may not be able to get a H-1B visa extension as the EAD / AP may take precedence, especially if you travel on AP.

[Belle]

That being said, since you have filed for and received an employment authorization document (EAD) and advanced parole (AP), you may not be able to get a H-1B visa extension as the EAD / AP may take precedence, especially if you travel on AP.

That's certainly not true.

[catx]

I stand corrected (it was my understanding that once your travel on AP then that becomes the basis for your authorized stay in the U.S.).

[Belle]

I stand corrected (it was my understanding that once your travel on AP then that becomes the basis for your authorized stay in the U.S.).

AOS may be the basis for staying in the US (not AP), but one may still continue in H1 status after entering on AP.

[pontevecchio]

I would also add that the company can file now for a 3 year extension including time till year end.

[zak74]

AOS may be the basis for staying in the US (not AP), but one may still continue in H1 status after entering on AP.

Belle, Do you mean that using AP doesn't cancel my current H1B?

[zak74]

AOS may be the basis for staying in the US (not AP), but one may still continue in H1 status after entering on AP.

Belle, Do you mean that using AP doesn't cancel my current H1B status?

I can enter on AP and continue working on H1B? without ever using EAD?