Urgent!! H-1B renew!!

luckysnow

Registered Users (C)
My current H1-B expires on March 31, 2005. My EAD begins from Jan, 2005 to December, 2006. Now my department asks me whether I need to renew my H1-B or not. My husband's current H1-B (it is first) expires on September, 2006. We applied for AP and want to go back my homecountry this summer for vaction. Our I485 were submitted in Oct, 2003, my husband is primary applicant. My husband's job is very stable and he can renew his H1-B when his current one expires.

Do I need to renew my H1-B visa? When we come back US using AP, my husband will keep his H1-B status, right? If I use my EAD, I can continue work with EAD. I am just wondering that if our I-485 were denied, can I transfer to H-4 or I am out of status and have to leave US? If I can transfer to H-4, I think I don't need to renew my H1-B, right?
 
luckysnow said:
Do I need to renew my H1-B visa?

Based on your situtaion you don't have to renew it.
When we come back US using AP, my husband will keep his H1-B status, right?

Yaap.

If I use my EAD, I can continue work with EAD. I am just wondering that if our I-485 were denied, can I transfer to H-4 or I am out of status and have to leave US?

You can transfer.
If I can transfer to H-4, I think I don't need to renew my H1-B, right?

Renewing H1B is the safe bet as you dont' have to worry about I-485 denial. If your company is willing to pay, why not renew it?
 
how long to renew H1-B

Another question:
Since my H1-B expires on March 31, 2005, if I submit it now, can I get it before then? If not, can I continue work and get paid? If I begin to use EAD, after the new H1-B approved, can I transfer to H1-B again?
 
Even though you do not get the renewal, you can keep working and get paid. No need to use EAD at all.
 
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