Urgent - H1B Extn Issue against GC

[lbalan]

Hi,

 

Background on my Status:

 

1. Holding expired H1B visa (June 2013) and H1B Extn is in progress at USCIS

2. Caping out my 6 years by first week of December 2013. Hence, H1B extn was requested only till that date in December.

3. My GC Labor was initiated in Feb 2013 and approved in July 2013.

4. I-140 was premium processed and approved in Aguest 2013

5. Since my wife was born in different country than india, I was qualified in Cross-Chargeability rule and my PD became current to apply I-485 based upon my wife's born country quota. Hence, Applied I-1485 and EAD including my wife's to USCIS on August 30 th 2013; They are currently in process.

6. My EAD and Advance parole went onto RFE for "Photo Identification" (don't know why photo identification even though we submitted the passport copies) and was responded with details last week 10/18/2013 and it is currently under RFE review process.

 

Here is my problem and question:

 

My attorney told me that my EAD was put on RFE just to delay the 3months processing time. i was initially hoping to get the EAD before Nov'13, so that I don't have to extend my H1B visa and struggling with documents. Now that it went on to RFE, I am not sure that USCIS guarantee the 3 months processing time for EAD anymore. 

 

Since my current H1B is still in progress and even if it is approved, it would be till December 1st week of 2013, I am in trouble that i may go out of status beyond december, if any delay in EAD approval. To avoid this issue, I was thinking to apply for H1B extension (even though current one is still in process status) in premium processing based on my approved I-140. 

 

But, I was told that I can't apply for H1B extension until 1 year from the date of Labor certification. That is until 2014 February, I can't apply H1B extension based on I-140. This is also specific to the reason that My I-485 was applied based on Cross-Chargeability rule in my Wife's quota. Also that I will have to wait and pray for EAD approval before November, otherwise, I could stay in US based on I-485 processing but I will go out of working status beyond December when 6yrs Cap reaches and until my EAD is approved. So, i Can't work.

 

Questions:

 

1. Does anyone gone into this category of problem where Cross-Chargeability in GC affecting H1B extension?

2. Is there a way around to not to go out of working status?

 

 

Please help. 

 

 

 

[pontevecchio]

You are entitled to one year H1 extensions based on an approved I-140 with the PD being current. You need to communicate better with your Lawyer and also ask him about 410(k).

[lbalan]

You are entitled to one year H1 extensions based on an approved I-140 with the PD being current. You need to communicate better with your Lawyer and also ask him about 410(k).

 

Thanks for the quick response. what is 410(k)?

[pontevecchio]

I would suggest that you make a list of questions and have him answer those. You need to trust your Lawyer.