Legal status after H1-B expiration while I-485 in process.

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musman2

Registered Users (C)
A junior member. My 2nd. H1-B will expire in 6 months. I am waiting for the last 25 months for the approval of my 1-485. My wife and 2 children are with me on H-4. Here are my questions:

1. What will be the position of our status after 6 months if we do not get approval in this time.

1. Do I have to get EAD for the whole family to maintain status before the expiration of H-1/H-4. My wife and children do not work. Children are 12 and 15.

I will appreciate help on this issue to clearly understand my position. Thanks.
 
If you want to continue to work, you will need EAD after your H1 expires. When your H1 expires, your family's H4's automatically expire as well.
If your family will not work, they will not need EAD. If you and your family plans to travel you will all need AP to seek re-entry.
And if you use EAD, you will definitely need AP to re-enter.
Once you file I-485, you remain in a valid adjustee status regardless of your expiring non-immigrant status.
An alternative is to file for 7th year extension of H1 (and therefore H4) because of pending I-485. Then you will not need EAD. But if your H visas are expiring, you will all need H visa stamps to seek re-entry.
I hope this is helpful!
 
Thank you very much for your advice. Can I travel within the validity period of my H-1 without obtaining AP?
 
Originally posted by musman2
Thank you very much for your advice. Can I travel within the validity period of my H-1 without obtaining AP?
Click to expand...
If your H1 status and H1 visa is valid and you have not used EAD, you can travel with just H1 visa and approval notice without requiring AP.
 
Just be absolutely (and I mean 100%, bet your Green Card on it) sure that your H-1 will not be cancelled while you are out of the US,
 
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