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mahimanch5

Would like to know the impact of not renewing H1B when EB2 I-485 is pending

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My H1B renewal(13th Year) is due soon and My i-485 is pending close to 150 days, My P.D is Dec'2007. I would like to know 2 things:

 

1. What is the impact If I start working on EAD and not renewing H1B further?

 

2. If I renew my H1B, and in case my I-485 has an issue or denied, Can I still continue to get H1B extensions further?

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1. None. That assumes your family also has AOS pending.

2. Any basis for denying the AOS will possibly result in no further H1 extensions.

 

What exactly are you worried about?

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I am in similar situation but I moved to EAD and took a new job before my marriage and my wife is still on student visa and we r waiting for my 485 to get current again to file her 485. We r in a very bad situation and need to know what are my options here. My PD is dec 2009 so it will be a while before it gets current, so wondering if i can go back to h1b again with a non cap and add my wife to H4? What happend to my EAD in such a case? 

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You can have your employer file a H1 petition for you non cap and if approved and you leave and return with the H1 visa, you can then file for her COS to H4. Better yet better late than never

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