risk of concurrent I-485?

R

Ryanlin

Registered Users (C)
I am currently holding H1B visa and filed I-140 self-petition under Extraordinary Ability. Is there any potential risk to file I-485 before my I-140 is approved? In other words, if my I-140 petition is denied, I assume that my I-485 will be subsequently denied, and in that case, is my H1B still valid?

Also, if I apply for Travel Document (i.e. advance parole) and Employment Authorization (I-765) now and get approvals, but my I-140 is denied, is my H1B still valid? In other words, will EAD invalidate H1B?

Thanks,
Brian
 
H1B and EAD are different issues and not dependent on I-140/485 approval or denial. the risk of filling for 485 before 140 approval is in terms of money.
Mine is also similar case as yours except that it is EB1-OR, filled in may2002 and filed for 485/EAD/AP in dec, got the EAD and AP approved, FP done. I have not yet heard about 140 approval, its going to be a yr this week.
hope this helps
 
EAD and H1B are not related and having EAD and using EAD are two very different issues. moreover even if you are on H1B can apply for EAD it doesnot cancels the H1B status, where did you get this wrong information. the problem is only when you use EAD for work and if I-140 is denied!! then you are out of status.
 
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