Urgent-Am i on status if i485 filed before. without Doing h1B extension

[sank]

Hi ,
My h1b is getting expired on sep30th 2002.
if i file for i485(i140 already approved),
Under new law (i485,140concurrent processing)
if i don't do h1b extension, will i be on Staus
even though my non immigrant status expires after
sep 30th.

Thanks

 

[immi007]

yes

If you file 485 (application for adjustment of status) before your H-1 expires, you will be considered 'adjsutee' and you will be 'in status' until the decision of your 485 is reached - no matter how long that takes by INS.

If you have not completed six years on H-1, it is a godo idea to file for the extension also (along with 485). 485 has nothing to do with H-1, and the renewal will not affect 485.

If you do not want to extend H-1, note that, 'adjustee' status does not allow you to work UNLESS you have an EAD. So, if you file 485, don't forget to file EAD simulataneously. You SHOULD have EAD in hand on or before Sep 30th 2002. If you do not get it by then, you can not continue working.

 

[kenboo]

I would extend H1B

Addition to the above, H1B gives you an important option
that you may leave, and reenter the US on H1B status
without getting Advance Parloe.