H1 renewal after receiving EAD on I-485 (EB2)

[albert3179]

Hello all,

I am not if this is the correct place to ask my questions. If any of you know proper place for my questions feel free to suggest it.

I am from India working in US for past 5 years. I finished my MS from US so I was on F1 visa before. Right now I am on H1B visa expiring Sep 2012 and my wife is on H4 visa. She used to have H1 visa till May 2011. I applied to my EB2 green card from my employer. My priority date is Sep 2008. My I-140 was approved in April 2011. I applied for I-485 in Jan 2012. My and wife's FP are done. We are issued EAD cards in Feb 2012 which are valid till Feb 2013. I received RFE in my EB2 case in March 2013 for EVL and I replied. Right now the status of my I-485 application is pending (Reviewing Response).

As everyone knows EB2 for India is retrogressed to Aug 2007. So I am not expecting to receive any news till October 2012. So following are my questions:

(1) Should I renew on H1B visa in Sep 2012 or should I go on EAD? I am NOT planning to leave my job for at least 1-2 year from now. Even after getting GC, I will plan to continue it. My lawyer is insisting on renewal. He told me that if I get any problem during H1 stamping, I can always come back on EAD.

(2) Many of my friends told me that once we receive EAD for I-485, H1 extension will be denied. Is it true?

(3) If we get an H1B extension and for some reason, my stamping go bed and consulate at India decide to deny my visa, can I come back to US on EAD + Advanced Parole? Will it create any problem in my pending I-485 case?

(4) If we get an H1B extension based upon pending 485 status, if for some reason 485 got denied, will it invalidate my H1B as it was the base for extension?

My lawyer wants to plan on safer side and apply for H1 extension. He told me that if I-485 gets denied for whatever reason, I still have H1B visa and I can work for a while and then leave the country. While if I switch to EAD and my I-485 gets denied, I have to leave country immediately. I don't have any problem with H1B stamping but I find it as a big hassle.

Thank you.

[kalyan_ac]

Hello all,

I am not if this is the correct place to ask my questions. If any of you know proper place for my questions feel free to suggest it.

I am from India working in US for past 5 years. I finished my MS from US so I was on F1 visa before. Right now I am on H1B visa expiring Sep 2012 and my wife is on H4 visa. She used to have H1 visa till May 2011. I applied to my EB2 green card from my employer. My priority date is Sep 2008. My I-140 was approved in April 2011. I applied for I-485 in Jan 2012. My and wife's FP are done. We are issued EAD cards in Feb 2012 which are valid till Feb 2013. I received RFE in my EB2 case in March 2013 for EVL and I replied. Right now the status of my I-485 application is pending (Reviewing Response).

As everyone knows EB2 for India is retrogressed to Aug 2007. So I am not expecting to receive any news till October 2012. So following are my questions:

(1) Should I renew on H1B visa in Sep 2012 or should I go on EAD? I am NOT planning to leave my job for at least 1-2 year from now. Even after getting GC, I will plan to continue it. My lawyer is insisting on renewal. He told me that if I get any problem during H1 stamping, I can always come back on EAD.

Recommended to be on H1b just incase something goes wrong with I485.

(2) Many of my friends told me that once we receive EAD for I-485, H1 extension will be denied. Is it true?

False/Wrong.

(3) If we get an H1B extension and for some reason, my stamping go bed and consulate at India decide to deny my visa, can I come back to US on EAD + Advanced Parole? Will it create any problem in my pending I-485 case?

Yes you can comeback using your AP and once here you can continue working using your EAD and this alone will not impact the decision on I485.

(4) If we get an H1B extension based upon pending 485 status, if for some reason 485 got denied, will it invalidate my H1B as it was the base for extension?

No, H1b and I485 are two separate entities.

My lawyer wants to plan on safer side and apply for H1 extension. He told me that if I-485 gets denied for whatever reason, I still have H1B visa and I can work for a while and then leave the country. While if I switch to EAD and my I-485 gets denied, I have to leave country immediately. I don't have any problem with H1B stamping but I find it as a big hassle.

Your lawyer is right

Thank you.

[albert3179]

Thank you so much for your advice. Does EAD approval create any complication in H1 stamping or renewal process ?

[kalyan_ac]

NO, not at all.

[albert3179]

Thank you again for your help. I appreciate it.

Also what is the harm of going on EAD vs staying on H1B? I consider my case to be simple. I graduated from the same university where I am currently working. I worked there since I had my H1B. Pretty clear case and never been out of status. Not even a single day.

What are the common reasons for I-485 denial?