Renewal Of H1b after 485 application.

[Manish Gupta]

My wife\'s H1 is expiring this month . She has applied for I485 earlier this year and already has EAD . Does she still have to apply for the H1 renewal as her 485 is not yet approved ? I have got conflicting suggestions form different people .
My thinking is that if she does not renew her H1 and her 485 gets rejected then she will be out of status . Am i right ?
Please suggest the safest way out of this fix.

Thanks,
Manish.

 

[india_485]

pending adjustment (485)..

itself is a valid status. She will not be out-of-status after H1 expires. She can continue working on EAD.

 

[sp rao]

She can use EAD if she wants, or she can renew H1B

The advantage of being H1B is, if there is problem with I-485, she can still work on H1B. But she can only work with current employer.
With EAD she can work with any employer.

 

[joinedisn]

Me 2c

Is she currently working on H1 or working using EAD.

If she is working on H1 and it expires, she can switch to EAD.
If she is working on EAD then i don\'t think u have to file H1-extension.
But if she decides not to use EAD (maintain H1 status througout) then u will need to file H1 extension.

Not a legal opinion. Just me 2c.