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Pending I-485 and expiring H1-B, with EAD. What best to do

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  • Pending I-485 and expiring H1-B, with EAD. What best to do

    Hello,

    I am on H1-B status and my 6 year term is expiring 06/2019. My I-140 (EB-1A, university employment based) has been approved.
    I applied for I-485 in 02/2018 and is pending decision. Gave fingerprints in 05/2018 and still waiting for interview notice.
    I and my spouse (H4 status) received EAD and AP in 04/2018.

    I have a few questions about employment. Should I (and my spouse) renew my EAD and AP or can still extend my H1-B status beyond the 6 year limit?
    If I extend EAD will it be for 6 months or 1 year? Can EAD be extended indefinitely until a I-485 decision is made?
    Also can I change employer while on EAD ?

    Thank you for you kind suggestions.

  • #2
    Originally posted by srid2018 View Post
    Hello,

    I am on H1-B status and my 6 year term is expiring 06/2019. My I-140 (EB-1A, university employment based) has been approved.
    I applied for I-485 in 02/2018 and is pending decision. Gave fingerprints in 05/2018 and still waiting for interview notice.
    I and my spouse (H4 status) received EAD and AP in 04/2018.

    I have a few questions about employment. Should I (and my spouse) renew my EAD and AP or can still extend my H1-B status beyond the 6 year limit?
    If I extend EAD will it be for 6 months or 1 year? Can EAD be extended indefinitely until a I-485 decision is made?
    Also can I change employer while on EAD ?

    Thank you for you kind suggestions.
    Hi

    With your approved I 140, you will be able to get 3 year H1B extensions after the 6 year limit.

    My suggestion is:

    1. Submit your H1B extension with your approved I 140.
    (in that way even if something negative happens with your I 485, you can continue to stay and will not be out of status)

    2. Extend your I 485 EAD as well. Nothing harm in it. (in that way, if something happens to your H1B extension, you can still stay and work.)
    I heard there is some automatic extension for I 485. Please check
    Do not know whether EAD is for 1 year or 6 months..


    Once your GC is in hand, you will be moved to Permanent Resident Status.
    Note:- Not a legal opinion.

    Comment


    • #3
      Originally posted by JosephTheDreamer View Post
      Hi

      With your approved I 140, you will be able to get 3 year H1B extensions after the 6 year limit.

      My suggestion is:

      1. Submit your H1B extension with your approved I 140.
      (in that way even if something negative happens with your I 485, you can continue to stay and will not be out of status)

      2. Extend your I 485 EAD as well. Nothing harm in it. (in that way, if something happens to your H1B extension, you can still stay and work.)
      I heard there is some automatic extension for I 485. Please check
      Do not know whether EAD is for 1 year or 6 months..


      Once your GC is in hand, you will be moved to Permanent Resident Status.
      Thank you for the reply.
      For my H4 dependent spouse, and child, will it be good if I just submit EAD/AP extension, rather than renewing their H4 ? I am wondering which method would be less expensive.

      Comment

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