H1B to EAD (485) based on my pending I-485 adjustment of status application

S

SAM2025

New Member
Current status:

1. H1B which is valid till end of Oct, 2025.

2. Have EAD & AP for 5 years.


I'm not planning to apply for H1B extension. Want to change status from H1B to EAD (485).

Question:

1. would I be out of status once my current I-94 validity is over.
2. What is the major risk to transition H1B to EAD.

Please share you understanding.
 
SAM2025 said:
Current status:

1. H1B which is valid till end of Oct, 2025.

2. Have EAD & AP for 5 years.


I'm not planning to apply for H1B extension. Want to change status from H1B to EAD (485).

Question:

1. would I be out of status once my current I-94 validity is over.
2. What is the major risk to transition H1B to EAD.

Please share you understanding.
Click to expand...
May I know your priority date and category please.
 
SAM2025 said:
Current status:

1. H1B which is valid till end of Oct, 2025.

2. Have EAD & AP for 5 years.


I'm not planning to apply for H1B extension. Want to change status from H1B to EAD (485).

Question:

1. would I be out of status once my current I-94 validity is over.
2. What is the major risk to transition H1B to EAD.

Please share you understanding.
Click to expand...
1. Yes
2. If your I-485 is denied (and you are not able to reopen it), you won't have a status to fall back on, and have to leave the US
 
SAM2025 said:
PD is September 2013.

@newacct , how would I be out of status ?
Click to expand...
there is a distinction between being out of status (once your status ends) and accruing unlawful presence (which you don’t as long as you have a properly submitted adjustment or change of status pending). Your “status” would be adjustment pending, but it’s not a “real” status - which is why you would need EAD/AP to work or travel, and why you have no fallback if i485 denied.
 
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