Do we \'have\' to extend H1 after 6 years if pending 485?

R

Really Anxious

Member
I always thought that as per the new law, extending H1 after 6 year limit with pending 485 was an option that we could excercise over working on EAD.

However, recently someone tolds me that the interpretation of the new law is that if you have 485 pending and your 6 year limit is up then you \'have\' to extend your H1 to work for the employer - you \'cannot\' work with an EAD.

Is this correct, or is he nuts...
 
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My understanding is as follows...

If one completes I140 stage and cannot apply for 485(\'cause PD is not current) and H1 6 year term is going to expire, then he/she can extend H1 beyond 6 years.
 
No Title

Sure he is nuts...
I don\'t have a valid H1-B visa anymore. I have been working on an EAD for more than a year, getting paid for it (even when I am on bench).
 
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I asked my lawyer and they told after 485 application no H1..extension but make sure you get your EAD renewed in time..
 
No Title

Filing for I-485 is for "Adjustment of Status" when you are within the US.

The reason the EAD is provided is to allow the applicant to work. Hence you do not need to extend your H-1
 
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