We are waiting for I485 approval but my H1 is going to expire in June. I don\'t expect to get the approval before end of this year. My attorney told me that I don\'t have to apply for H1 renewal since I can use my EAD until it expires by the end of the year. But I felt it is safe to renew my H1 since who knows what my company is going to do. Do you guys know if my application for H1 renewal would delay or interfere my I485 processing? Or do I need to renew my H1 visa at all? I read a message saying that EAD supersedes H1 visa. I don\'t know if it is true or not. Any suggestion is welcome Thanks in advance.
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Suggestions needed for H1 renewal while waiting for I485 approval
- Thread starter Amos Liu
- Start date
N1234 K1234
Registered Users (C)
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Here is a response from our attorney about this issue.
There is no one RIGHT choice in whether you should renew your H-1 (and/or your spouse\'s H-4) during the pendency of I-485.
The advantage of renewing H-1 is that you have an added margin of safety. If for some reason the I-485 is denied (for instance, the employer goes out of business), there is no question that the 485 applicants were in status. Thus, they could transfer to another through a new H-1. If the applicants do not hold an H-1, it COULD be argued that they are retroactively out of status if the 485 is denied. Although, I do think that such an interpretation of the law is probably too harsh, and INS may not hold that opinion. But there is no clear law on this issue.
The disadvantage of renewing H-1 is that we are losing from the total 6 years of time allowed us by law for H-1/H-4. So if I-485 gets denied and we had also been using the "H" time, we will have that much less time to start a green card all over again.
These may sound like too far fetched contingencies that may never become an issue, but we think everyone should know about it. Our attorney\'s recommendation is to renew the H-1.
Here is a response from our attorney about this issue.
There is no one RIGHT choice in whether you should renew your H-1 (and/or your spouse\'s H-4) during the pendency of I-485.
The advantage of renewing H-1 is that you have an added margin of safety. If for some reason the I-485 is denied (for instance, the employer goes out of business), there is no question that the 485 applicants were in status. Thus, they could transfer to another through a new H-1. If the applicants do not hold an H-1, it COULD be argued that they are retroactively out of status if the 485 is denied. Although, I do think that such an interpretation of the law is probably too harsh, and INS may not hold that opinion. But there is no clear law on this issue.
The disadvantage of renewing H-1 is that we are losing from the total 6 years of time allowed us by law for H-1/H-4. So if I-485 gets denied and we had also been using the "H" time, we will have that much less time to start a green card all over again.
These may sound like too far fetched contingencies that may never become an issue, but we think everyone should know about it. Our attorney\'s recommendation is to renew the H-1.