Visa Retrogression - Maintain H1 despite EAD?

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curve100

Registered Users (C)
Hello, I just had my visa interview, and got approved. Unfortunately I was affected by the retrogression, so no greencard yet. My lawyer says even though I have my EAD I still have to maintain my H-1 status... Is that true?

Thanks!
 
True, you should stay in Status till the day of your AOS for various reasons. I would recommend to keep it active.
 
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For yourself, you don't have to maintain your H1B status if you have a valid EAD.

But if you have a spouse or child with H4 status, they will lose H4 status if you lose H1B status. And once they lose the H4 status, they would have to leave the US unless they have a pending I-485 or can switch to another status.
 
Jackolantern, that's what I was thinking too. I am single with no children, so not sure why the lawyer felt I had to maintain status. Perhaps she assumes so because I won't have an actual greencard for a little while longer.
 
If you get married and want to bring your new spouse to the US on H4, or you want to travel outside the US without having Advance Parole, you would need to maintain your H1B.

The need for H1B depends on whether you want to do specific things that require H1B status. But there is no generalized need to keep the H1B status alive. Most people who face years of waiting in retrogression end up letting the H1B expire, and they keep working with EAD until the green card is approved.
 
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