Should I file H1B 7h year, or just rely on EAD ?

marlon2006

Registered Users (C)
LC has been approved.
My H1B 6th year is going to expire on Jan 5th 2005.
Assuming lawyer and employer are able to submit I-140+I-485+I-765+AP within few weeks, I should have roughly three months until my H1B expire.

I addition to I-140+I-485+I-765+AP, should I also renew H1B 7th year ? How risky it is not filing H1B in my case.
 
marlon2006 said:
LC has been approved.
My H1B 6th year is going to expire on Jan 5th 2005.
Assuming lawyer and employer are able to submit I-140+I-485+I-765+AP within few weeks, I should have roughly three months until my H1B expire.

I addition to I-140+I-485+I-765+AP, should I also renew H1B 7th year ? How risky it is not filing H1B in my case.

It depends upon you. I would say it would be better idea to have H1B extension, if money is not much of your concern. That would be safer.

USCIS can cause problems in some cases. If some thing were to go wrong in your GC application, then it would cancel your EAD on the same day, and leave you with no valid visa. (Illegal stay)

Even if you are rebutting the case, there are chances of problems, and once 180 days of illegal stay expires, you can NEVER get a GC (else, you can use 245(k) ) and you would be banned from US for 3 years.
 
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