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bv2006

H1b extension while AOS filed.

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Hi,

 

My spouse and me , both have our i-140's approved from our respective employers and we are about to file AOS through my spouse's attorney in July 1st week. My H1b expires in september 1st week . What happens when that happens and at that time my AOS is still pending ?

 

should I file for h1b extension before the current h1 is expired ? or if not will I be out of status ?

will I  be in status as long as my AOS is pending ? can some one please clarify asap.

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BV,

 

Once the I-485 is filed, the individual has a choice. If the employer is willing to do so, it is generally best to keep extending the H1. This is possible, even after the I-485 is pending--just extend as usual, as if the I-485 had not been filed. This keeps the non-immigrant status in place, just in case there is a problem with the I-485.

 

Otherwise, people routinely request the EAD and AP with the I-485 filing. The properly filed I-485 puts the individual in a "period of authorized stay." This permits I-485 applicants to remain in the US, even if the nonimmigrant (H1) status has lapsed. Without the H1, it is necessary to have the EAD approval in order to work and the AP approval in order to travel abroad.

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@attorney : great suggestion and very valid. we will get the h1 extension and that way we'll have that covered.

thank you for your time and suggestion.

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