H1 6 years limit, Approved I-140 and pending I-485

[drrezajunk]

Dear friends:

I noticed recently TSC asks for legal status, employment letter etc for I-485 approval.

My 6 years limit of H1 will expire on 4/25/06. I have approved I-140 and pending I-485 receive date July 2004.
I got my employment authorization but I didn't use it as I have had valid H1.
My question is if my H1 expires, lets say in October 2005, Will I become out of status? Does it cause any problem for my pending I-485 approval? Can I work only on EAD and not being out of status? or Do I have to renew for H-1B extension (as back up) during I-485 pending? Should I remain in H1b status all the way until I receive my green card.


Appreciate your help.

 

[sbabunle]

From what I understood ( may not be correct)
You can use EAD once H1B is expired. Also you can extend your
H1B too. Once 485 is filed your stay is automatically legal. But to
work you need to get EAD.

I've heard that H1B extnsns will help if 485 is denied for some reasons.
But I've also heard that 7th year or more will not be valid if 485 is denied, because 7th years are primarily based on the pending labor or permanent residence filings.

babu.