I-485 and h1 extension

andyjpa

Registered Users (C)
I have completed my six years in employment and my employer filed for H1 extension based on approved I-140. I cannot file employment based I-485 becuase of retrogession and my PD is 05/03 and filed in EB-3 and hence the h1 extension petition. I also have EAD from marriage which I did not use and waiting on I-485 interview based on marriage. If my H1 extension is not approved till the interview time, is there any risk? That is if I get my GC through spouse and later on h1 gets approved, will it get me back to H1 status?
 
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andyjpa said:
If my H1 extension is not approved till the interview time, is there any risk? That is if I get my GC through spouse and later on h1 gets approved, will it get me back to H1 status?

No danger of that at all. Once you become a permanent resident in the US you are not legally eligible for an extension of H1 status.
 
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