Questions about 485s

[ryansurrao]

Hi

I have a few questions regarding the 485 process. I just need some insight into this.

1. When you apply for you EAD and 485, does your H1B officially get suspended?
2. Does it make sense in renewing your H1B if it is about to expire and how will it be effected if your EAD and 485 has been applied for (almost 6 months now. I have got my EAD)?
3. If your 485 does get rejected and your h1b has expired, can you stay in the country or does it mean you have to go back home?

If there are any lawyers seeing this post and feel that this advice needs to be paid for, please do let me know at ryancsurrao@yahoo.com.

Cheerio
Ryan

[PraetorianXI]

1. When you apply for you EAD and 485, does your H1B officially get suspended? No. Only when you USE your EAD (by starting a job with it, using a form I-9)
2. Does it make sense in renewing your H1B if it is about to expire and how will it be effected if your EAD and 485 has been applied for (almost 6 months now. I have got my EAD)? It depends. If you want to be over-secure and have that H1B status to fall back on it... but i-485 are not denied often... so you should not have anything to worry, and since you have your EAD already, you can start working using it.
3. If your 485 does get rejected and your h1b has expired, can you stay in the country or does it mean you have to go back home? If you have not filed for an extension and it has expired, so has your status and you must depart from the USA and go back home. But like I said, that happens very rarely.