H1B while I485 is pending

Z

ztp

New Member
My I140(NIW) was approved in May 2003 and my and my wife's I485 are certainly pending.

The question is for my wife. She was previously on H1B but she changed her job recently and is using EAD after the approval of I765. I heard that their is this restrict of 6 years for H1B.

Just to be safe, do we need to tell BCIS to terminate her H1B?(Her previous employer definately doesn't want be involved at all.)

Please advise. Thanks a lot!!
 
If you think that your wife is using EAD, and to stop 6-year limit you want to inform BCIS, it has nothing to do with her H1B because now she is derivative AOS pending status and using EAD no need to inform BCIS to terminate H1 it became automatically void they day she used EAD. she needs AP to re-enter US in her next trip, she shold apply for AP 6 months advance becase BCIS takes longer time for AP these days.

FYI H1B can be revoked or cancelled by employer not by employee
 
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