Pending I-485

R

rasam

New Member
Hi

My I-140 was approved in april 2005. my H1B expires in december 2006. Do do I need to extend my H1B or is it alright if I work with my EAD while awaiting the 485 approval without extending the H1B.

Any suggestions/comments?????

thnks a lot
rasam
 
Bald Eagle

Hi

My I-140 was approved in april 2005. my H1B expires in december 2006. Do do I need to extend my H1B or is it alright if I work with my EAD while awaiting the 485 approval without extending the H1B.

Any suggestions/comments?????

thnks a lot
rasam

-------If you are using your EAD & you are in 7th year exten then the renewing of H1B is waste of money.

-------Consult your law people
 
You can do an H1 extension and keep quiet for 3 years. If it is EAD extension + AP and you have family, easily it will run in $1000 every year.
 
keep non immigrant status

according to some lawyers, one must keep non-immigrant status while awaiting greencard for back up in case gc might be denied for some reasons.
 
chocol_03 said:
according to some lawyers, one must keep non-immigrant status while awaiting greencard for back up in case gc might be denied for some reasons.
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only if you have time left in your H1B.....or if you can get 3 years extension on your H1B....otherwise its not much use....
 
chocol_03 said:
according to some lawyers, one must keep non-immigrant status while awaiting greencard for back up in case gc might be denied for some reasons.
Click to expand...

There's a difference between "must" and "it may be a good idea to".
 
If you don't renew your H1 (and family's H4), and the 485 gets denied - then you will be out-of-status in the US. Hence it is generally a good idea to renew H1/H4 so that in case 485 is denied, you will not have to pack up and leave!
 
jcgc said:
Hence it is generally a good idea to renew H1/H4 so that in case 485 is denied, you will not have to pack up and leave!
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It depends why it is denied. If it gets denied because you get laid off and the sponsor withdraws the I-140 and you cannot find a new job, then the H won't help you one bit. If it's denied by USCIS error, there's no need to pack up and leave; you merely file an MTR. Besides, maintaining valid H status requires that the dependents not use their EADs to do any work, which kind of defeats the entire purpose.

As with anything in life, there is a certain amount of risk involved. Each person needs to decide the odds of an I-485 denial and determine the correct balance of risk/reward that they wish to take on.

Let me throw out an example. Your I-485 has been pending for over six months, and your PD is becoming current in November. You can be approved or get an employment RFE at any time. However, your company is about to announce significant layoffs, and you work in a smaller city that doesn't have a great job market. You may or may not get approved before layoff. A small company has a job opening for you, but refuses to do an H sponsorship. Do you switch via EAD and invoke AC21, or do you hope that you won't get laid off and your employer doesn't withdraw the I-140?
 
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