Can I apply for EAD or extend my H1B? 6 Answers as of June 28, 2012

My I-140 was approved but my priority date is not current. I wanted to continue working, but my H1B will soon expire. Can I apply for EAD or extend my H1B?

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Law Offices of Brian D. Lerner, A PC
Law Offices of Brian D. Lerner, A PC | Brian David Lerner
Assuming it has been pending for more than 1 year, you can get yearly extensions of your H-1B.
Answer Applies to: California
Replied: 6/28/2012
Baughman & Wang
Baughman & Wang | Justin X. Wang
Yes, you can file H-1 extension if your I-140 is approved but you cannot file I-485 due to the priority issue.
Answer Applies to: California
Replied: 6/27/2012
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
You must extend your H-1B in order to maintain your status if your priority date is not current since you cannot yet?apply for adjustment of status. Only a pending adjustment application could be the basis for an EAD.
Answer Applies to: California
Replied: 6/27/2012
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
You cannot apply for the EAD because for that you need to have a pending I-485 and you cannot file that if the priority date is not current. Depending on whether you are eligible for the extension of your H-1B or not, you may be able to file for the extension. You need to provide more information about that eligibility.
Answer Applies to: California
Replied: 6/26/2012
Mesinschi Law Offices
Mesinschi Law Offices | Denis-Andrei Mesinschi
If you continue to qualify, your employer can apply to extend the H1B.
Answer Applies to: New Hampshire
Replied: 6/26/2012
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    I would need more information regarding your I-140 and the stage in processing. If you are working for the I-140 sponsor on your H-1B visa, you should speak with the attorney handling the I-140, if any. If not, you should consult an expeirneced immigration attorney in person to determine what can be done.
    Answer Applies to: New York
    Replied: 6/26/2012
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