Can I keep latest H-1B after using AP?

J

JaneI485

Registered Users (C)
Hi All,

Please Help me. My case is laid off after less than 180 days on the previous job, got a new job after 1 months, H1B transfer approved in U.S. , Now I-485 has been pending more than 26 months after approval of I-140 and no revocation. I had AP and EAD but never use them.

Can I keep latest H-1B (no visa stamp) after using AP?
 
jaxen2, Thank you very much for your message.

So if in case my I 485 been denied, I can keep the H1B status as long as I do not change the job. Is it correct?

If my I-485 still penging, but I want to change the job after using AP, Do I need apply a totally new H-1B ? Do I need go to third country for H-1 stamp?


Thank you!
 
If I485 is pending, you can change job after 180 days of 485 pending. You can do a H1 transfer instead of using EAD to exercise AC21 and pursue the green card. 180 days is crucial.
If you have been on EAD and there is a gap between the H1s then you need to get the H1 stamp from a US consulate.
 
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