H1-B 8th year extension VS EAD.

[Anil_Verma]

What is the advantage I will have by extending H1-B 8th year instead of using EAD ?

EAD will be invalid if I485 is denied by any chance, and one need to leave US.
Is there any advantage if I have H1-B 8th year extension. Will the H1-B valid after I485 is denied ? Can I stay/work in US till the 8th year H1-B expiration date, if I485 is denied ?

Please clarify ? I need to spend money on my own for H1-B extensions every year. If there is no advantage with 8th year H1-B, then there is no point in speding money for applying H1-B every year. Instead I can use EAD.

I would appreciate your input on this.

EB3 - India
140 - approved
485 - Pending
Has EAD and AP.

 

[WS122303]

Hi,

Hope this helps. from immigration-law.com

# Q25: My I-485 has been pending and I have been working on H-1B which has been granted beyond 6 year-limit under AC 21 Act. I know that I will be able to extend my H-1B "indefinitely" until visa number is available and my I-485 application is adjudicated. What happens with my H-1B status if my I-485 is denied? Will my H-1B status be automatically terminated at the time of I-485 denial, assuming the decision is not appealed? A: If 485 applicant maintains H-1B visa status during the H-1B six-year limit, denial of I-485 will not affect his/her H-1B status and he/she will be able complete the H-1B period and even extend the H-1B status within 6 year limit. However, when he/she works in H-1B status beyond 6 year under AC 21, the extension is contingent upon pending I-485 application. Thus once I-485 is denied, his/her H-1B status will also cease under the AC 21 law.

 

[Sanan]

Is this a true statement "However, when he/she works in H-1B status beyond 6 year under AC 21"

Can I change my job under AC21 using H1 transfer and not using my EAD?

Hi,

Hope this helps. from immigration-law.com

# Q25: My I-485 has been pending and I have been working on H-1B which has been granted beyond 6 year-limit under AC 21 Act. I know that I will be able to extend my H-1B "indefinitely" until visa number is available and my I-485 application is adjudicated. What happens with my H-1B status if my I-485 is denied? Will my H-1B status be automatically terminated at the time of I-485 denial, assuming the decision is not appealed? A: If 485 applicant maintains H-1B visa status during the H-1B six-year limit, denial of I-485 will not affect his/her H-1B status and he/she will be able complete the H-1B period and even extend the H-1B status within 6 year limit. However, when he/she works in H-1B status beyond 6 year under AC 21, the extension is contingent upon pending I-485 application. Thus once I-485 is denied, his/her H-1B status will also cease under the AC 21 law.