EAD & Extending H1-B

[Rockysaha 0]

Hi,

I have pending I-485 (approved EAD/AP). My current H1 is expiring in August 2012.

Taking into consideration H1 related issues (stamping / client-letter EC model / currently approving visa for 1-yr & so on..)

1. Should I go for H1 extension or transfer/activate to EAD ?

2. For a beneficiary, if his 6 yrs of stay is completed and H1 extension is approved based on I-140. Now if I-485 is denied then he has to leave anyways and cant stay on H1 visa ?

Thanks

[grrrrreat 109]

Hi,

I have pending I-485 (approved EAD/AP). My current H1 is expiring in August 2012.

Taking into consideration H1 related issues (stamping / client-letter EC model / currently approving visa for 1-yr & so on..)

1. Should I go for H1 extension or transfer/activate to EAD ?

2. For a beneficiary, if his 6 yrs of stay is completed and H1 extension is approved based on I-140. Now if I-485 is denied then he has to leave anyways and cant stay on H1 visa ?

Thanks

Sounds like you're worried about meeting the requirements of H1, so might as well switch to EAD.

[pasportit 7]

When you apply for AOS you loose your previous visa status. I would just wait to get my EAD and update employer, school and so on. It seems like you already applied for AOS, you might get approved once you get to August, who knows.

[grrrrreat 109]

When you apply for AOS you loose your previous visa status. I would just wait to get my EAD and update employer, school and so on. It seems like you already applied for AOS, you might get approved once you get to August, who knows.

Sorry this isn't correct information. People who are on H1-B visas may continue working on traveling on that visa until the adjustment is complete. The reason is that H1-B are dual intent visas, which means you can use it even if you intend to immigrate to the U.S. Only non-immigrant visas like F-1s are cancelled when you apply for adjustment.

Edited May 20, 2012 by grrrrreat

[Rockysaha 0]

Thanks for the replies, have already received the EAD/AP.

Also dont have any problems collecting the required paperwork for H1.

But was thinking that is it worth the hassle ? (+ $$ amount to be spent).

[grrrrreat 109]

Thanks for the replies, have already received the EAD/AP.

Also dont have any problems collecting the required paperwork for H1.

But was thinking that is it worth the hassle ? (+ $$ amount to be spent).

Like I said, it it's a hassle to renew H1, go ahead and switch to EAD. It is true that if your adjustment application is denied, your H1 will be gone. But if your I-485 is denied, your H1 petition probably would be too. So the question to you is do you have any reason to suspect that adjustment would be denied and for what reason? If not, there's no harm in switching to EAD.

Edited May 22, 2012 by grrrrreat