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Is H1 extension necessary ?
- Thread starter ykchakri
- Start date
---- play safe apply H1 extension, your I-140 is NOT approved , it is always better to be on H1 status till I-140 gets approved and I-485 pending hits 180 days. Many remain on H1 till I-485 approval becase it is safe if any problems with I-485ykchakri said:Hi,
My H1 visa (I-797) is expiring in Sept 2004. I have my I140/485 under process and I recently received my EAD. Do I still need to apply for H1 extension or can I start using EAD with my current employer ?
ykchakri said:Thanks for that quick response. I will apply for extension. How much time is it taking for this renewal these days (Vermont) ?
---3 to 5 months
Can I go out of the country and come back during this time ?
--- YES, if you have Valid Visa stamp or valid AP in hand
unitednations said:No you do not need to renew H-1. However, most people feel it is safer to renew since if your 140 or 485 gets denied it will also cancel the EAD. However, if you still had the h-1 you could switch back to it with the same employer or transfer to a new employer.
Also, I've seen many people get stuck with EAD RFE or 140 RFE. Even though they may eventually get approved, you will not be able to get an interim EAD once there is an RFE and you may be on the bench for sometime until it gets approved.
Your choice but most members renew h-1b for peace of mind.
Really help info. Thx!