Do I still need to keep my H1B visa?

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chiron

Registered Users (C)
Help! Help!!
My I140 OR just been approved, as well as my EAD and AP. But my H1B is going to expire in June 2006. And my company legal just told me that my H1B won't be extended since I already have EAD and AP. I know this legal person is arrogant and quite unknowledgable in these immigration matter so I post my question here.

Is there any risk that I lose my H1B status right now with just I140 approved? BTW, I am from retrogress country.

Thanks Thanks
 
You can have your H1-B and approved I-140/EAD/AP. As long as you do not use your EAD, you can have valid H1-B. However, the moment you use EAD, you lose your H1-B/H4. It is rather recommended by most of the attorneys to be on H1-B while your I-485 is being processed. I think you can apply to H1-B extension safely
 
Thank you very much Sandy for the reply!
My company legal is quite stubborn. I do not even know if I could change her mind.

I know there are several disadvantages for giving up H1B , like:
1. EAD has to be extended once a year while my H1B still can be extended for another three years
2. If there were any unpredictable thing happening for my I485 application, EAD status were in danger, at least I still have my valid H1B for me to be capable working.
3. It is quite straight forward to get H1B extended, while, EAD sometimes is questionable. ( I just had that experience on my first EAD.)

Can think more risks to persuade her?

Thanks a lot!
 
chiron said:
Thank you very much Sandy for the reply!
My company legal is quite stubborn. I do not even know if I could change her mind.

I know there are several disadvantages for giving up H1B , like:
1. EAD has to be extended once a year while my H1B still can be extended for another three years
2. If there were any unpredictable thing happening for my I485 application, EAD status were in danger, at least I still have my valid H1B for me to be capable working.
3. It is quite straight forward to get H1B extended, while, EAD sometimes is questionable. ( I just had that experience on my first EAD.)

Can think more risks to persuade her?

Thanks a lot!
Click to expand...

I filed for my H1B extension recently. I convinced my boss that if something goes wrong with my pending I-485 i might have to go back to my home country. H1b protects me from that......lucikly my university lawyer (who officially does H1B) backed me.
 
Thanks for the reply!EB1doc

But if your I485 is denied, could you still extend your H1B? If can't, I was thinking it is better to save the 6 year H1B time. What is your point?
 
Is extended H1B (in the 7th year)still valid if a pending I-485 has problem?

My H1B will be expire soon for the sixth year. After the six years, I wonder if I can still keep a valid H1B once my pending I-485 has any problem. My understanding is, if the pending I-485 is denied, the H1B will be invalid soon since it is based on the I-485 petition. Therefore, using EAD or extending H1B may be the same thing. Am I right?
Thanks for sharing.
 
NSC-NIW05 said:
My H1B will be expire soon for the sixth year. After the six years, I wonder if I can still keep a valid H1B once my pending I-485 has any problem. My understanding is, if the pending I-485 is denied, the H1B will be invalid soon since it is based on the I-485 petition. Therefore, using EAD or extending H1B may be the same thing. Am I right?
Thanks for sharing.
Click to expand...
Based on read information on NSC I485 forum!!
Thats correct thats why people prefer EAD as it takes less money for company!!! But extending H1B is good for pending labor cases who hav enot yet filed I 485 and not in position to get EAD.
 
good point! Eb1doc

You made it very clear on this EAD and H1B situation. eb1doc! Thanks alot!

Butwant to share one extra note to this problem:
If you are in the 4th year of H1B not the 6th or 7th year, still 2 years left for H1B. but You started to use EAD, so lost H1B status, if I485 went wrong, then EAD is gone. But you still have two years left on H1B. However then you have to go back to your own country to reapply H1B to use up the last two years.
Considerring this, is it another reason to use EAD than H1B, except it is cheaper?
Another side of coin,
after you 140 is approved, you could extend your H1B for every three years even after the 6th year. But EAD has to be yearly based.

Any opinions are welcome?
 
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