not too hard legal help -- thanks!!

R

Rebeca

Registered Users (C)
My 485 RD is 9/26/01, my H1 is going to expire on end of August. Based upon the current processing rate, I may not get GC before my H1 expire. I have EAD.

Question: Do I have to renew my H1? Any serious harm if I am not? By the way, my lawyer didn't answer my request for 3 weeks! Time is running out for me.

Thanks for any input!

Rebeca
 
You do not have to renew your H1-B. EAD is good enough. However, some people do renew their H1-B so that in case there is any problem with their I-485, they can continue to be on H1-B status until the problem has been sorted out. If you have a straight forward case, you do not have to renew your Hi-B. I did not.
 
Better use EAD

Pros of using EAD card over H1 :

(i) You can change jobs easily. Dont have to wait for H1 transfer
(ii) Can do any number of jobs
(iii) Your spouse can work after obtaining EAD
(iv) Dont have to send your passport for H1 stamping and wait anxiously when it will come back !!
(v) If your GC process goes wrong for some reason (99% of the times it wont happean) - you can apply for fresh H1 and you have that many years left in your H1. Since H1 has 6 years ceiling why you want to waste that many years ? Besides EAD is cheaper than H1.

Cons of using EAD :

I dont see any. Only if your company shuts down before 6 months of applying your i-485 and they write to INS to withdraw your i-140 .. That's rare case.

If that's the case you are still legal in USA. Find another employer apply for fresh H1 . Fedex receipt of INS is enough to start new job.

I worked totally on EAD never bothered to extend my H1. INS cannot reject your i-485 case staright away it drags for months together. They send RFE .. you have 3 months to reply etc etc. So dont worry.
 
Thanks a lot, MGM & TAURAS02!

You guys' info are very insightful!!!! Now I can rest and relax and hopefully I can get my GC before H1 expires.

Rebeca
 
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