I need some clarification regarding pending 485 and H1B and EAD

D

darisma

Registered Users (C)
Here is my story
my I485 is pending, submitted it since 7/02/07. I am on my first H1B and about to expire this year. I am thinking about not to extend my H1B. Currently I have EAD as well. So I think it is ok not to renew my H1B, just to renew my EAD and use my EAD to work with my current employer.

I understand that if my 485 got rejected then I cannot bounce back to H1B. Anyway, I don't want to pay for that huge H1B extension fee and just want to go with EAD.

But my lawyer said

"You will need to renew your H-1B and maintain your H-1B status until you receive your permanent residence. Employment authorization document is part of the benefits for filing for adjustment of status application, but it is not your underlying nonimmigrant visa status."

Any thoughts?????
 
Your lawyer has no idea what he is talking about, you can use your EAD without H1-B if you wish and you would be in a valid status. If you leave and come back using AP then you would be Paroled back into the country, no H-1 nothing hence you can leave it if you wish.

However it is safer to keep the H1 so that if something does go wrong you do not find yourself out of status and hence can re-apply or fix whatever the issue was.
 
darisma said:
But my lawyer said

"You will need to renew your H-1B and maintain your H-1B status until you receive your permanent residence. Employment authorization document is part of the benefits for filing for adjustment of status application, but it is not your underlying nonimmigrant visa status."
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In other words, your lawyer is saying "Gimme money. More money, more money more money."

Once having filed the I-485 you can continue to work with EAD without renewing the H1B. Numerous people have done that and still got approved (including myself), and it's not it's because they're "getting away with it" because USCIS doesn't know their situation; obviously USCIS knows their H1B has expired.
 
Thanks guys for an answer. I think the lawyer wants money as well. Because renewing EAD is pretty easy, am I wrong??? I can even do it myself???
 
Jackolantern said:
In other words, your lawyer is saying "Gimme money. More money, more money more money."

Once having filed the I-485 you can continue to work with EAD without renewing the H1B. Numerous people have done that and still got approved (including myself), and it's not it's because they're "getting away with it" because USCIS doesn't know their situation; obviously USCIS knows their H1B has expired.
Click to expand...
Also there are numerous cases when people couldn't renew EAD in time for whatever reason. Weight all pros and contras before making decision.
 
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