Prat09 Posted July 31, 2023 Report Share Posted July 31, 2023 Hello, I am currently in H1B VIsa but willing to let go H1B and switch to EAD and advanced payrole once approved after I file I-526 with 486, 765 and 131 for some reason, if my I-526 is denied or in the later stage or if I-829 is denied, with pending I-485 case can I apply for H1B while I am in US and stay back once it is approved without going for consular processing Quote Link to comment Share on other sites
Attorney_23 Posted August 10, 2023 Report Share Posted August 10, 2023 USCIS has the discretion to allow this; but, there is definitely a possibility that you would need to depart and return with an H1B visa "stamp" and approved H1B petition. Quote Link to comment Share on other sites
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