employer insisting on using ead not h1b

[aguy]

Hi,

I finished my six years of h1b on Aug 30, 2008. I concurrently filed my I-140 under NIW on July 26, 2007. My last H1B renewal petition was filed on June 30, 2008 for a 1-year extension. The USCIS has approved the H1B extension, but now my employer is saying that I am not eligible to using it.

My employer is saying that since the extension was filed less than 365 days before the receipt of I140, I am not eligible for a 7th year of H1B. This is after USCIS has approved the extension!!! They are saying that I am out of status and want me to apply for EAD.

How can I convince them that the 365 day rule applies from the Aug 30, 2008 not the filing of I140. Please help me present my case out of this insanity.

Thanks.

[txh1b]

I did not understand your problem. Based on the little that I understood, If you qualified for a 6 year term until Aug 2008, that is when you can work until. After that, you need to get another extension based on I140 approval or use EAD.