Should I renew my H1-B, even though I have EAD and AP?

B

benryan10

Registered Users (C)
My I-485 and I-140 are pending.
My EAD and AP are already approved. I have not used my EAD.
My H1-B is expiring on December 1, 2003. At that point I will have be on H1-B status for three years.

Should I renew my H1-B?
 
IT is better to renew H1B, as I-140 has not been approved. It is not MUST that you should be on H1 status after filing I-140 and I-485. If you remain on H1B status you better for you if anything goes wrong with I-140 or I-485. I would prefer to Extend H1B
 
Thanks for the reply.

Under what circumstances would it be better to renew the H1-B?
Obviously if the either the I-140 or the I-485 was denied the EAD would immediately cease to be valid, but are there other situations were the EAD could be suspend or cancelled? Could sometype of RFE on the petitions cause a suspension of the EAD?
 
If I-140 is denied then I-485 is also denied and EAD AP are no more valid. Better renew your H1B and keep H1 status till your I-140 is approved and I-485 hits 180 days to be safe. Also read the August 4 BCIS Memo 108 days rule you can search for that MEMO it has been posted many times in AC21 thread.
also Read:
http://www.murthy.com/ukdenial.html
 
Can someone comment on this thought - there is a benefit NOT to renew H1-b, so one can save the remaining time for future use (like in case I-140 or I-485 got denied), right? Down side is one runs risk of out of status between I-140/485 denial and subsequent H1-b renewal.
 
Can someone comment on this thought - there is a benefit NOT to renew H1-b,
--- No benefit, only employer saves the lawyer fees and BCIS fees for H1 renewal
so one can save the remaining time for future use (like in case I-140 or I-485 got denied), right?
----- Once I-140, I-485 filed it does not mean that your time on H1 is saved or stops for future use. If you are not on valid H1 status you cannot extend H1 status
 
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