回複:回複:請教皮匠,863211,及各位大俠同學!!

回答: 請教皮匠,863211,及各位大俠同學!!3GRX2009-06-26 09:27:23

請教皮匠,863211,及各位大俠同學:
本人現H1B第7年,有140#1已經批準,根據這個140#1file的485pending >180days,EAD在手, 同時還有140#2已經批準,連著這個PD的485還沒有file.
-You can relink your I-485 from the first I-140 to the second I-140 if you want.
=Thanks, 1st I-140(LC sub) PD 10/2004, 2nd PD 10/2007, both EB3. still re-link?
= what if 485 gets denied later? could I re-link then?

如果現在本人用140#1的485的EAD工作,如果日後485不幸被鋸,本人還是否能夠根據批準的140#2申請H1b延期?--其實問題就是H1B》
-You can extend H1 now, but I would just use EAD because it is safe, cheap and convenient in your case. You should be confident.
=Thanks, I've been struggling for 2 days: EAD Vs. H1B ext
=Safe: EAD is safer? Do you mean that H1B has the potential disadvantage (Layoff -> H1B revocation triggering an RFE)
=Cheap: H1B ext. is paid by the employer. Even with H1 I always file AP/EAD renewals timely anyways. Cost is never a concern. Safety always is.
=Convenient: please shed some light.
= I've gone thru pros and cons of each option many times and feel that H1B will only benefit in one case - 485 denial + I still work for current employer
= I’ve heard that Fragomen(company’s lawyer) recommends revoking I140 after layoff. If this is true, then isn’t H-1B(with valid EAD) more favorable than EAD? Because 140 revoking will have much bigger chance to trigger RFE comparing to H-1 termination? Therefore, will this conclusion sound reasonable :Layoff+RFE with H1+EAD is better Layoff+RFE with EAD only?

6年後,且中間斷開後是否還能再次辦理延期?
-No.
= :( one drawback of using EAD then. It means if using EAD and 1st 485 gets denied (while 2nd 485 not filed yet), then I will be doomed – out of status&job.

= EAD Vs. H1B ext - too many factors, my brain stops functioning … help!

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