rock Posted February 8, 2013 Report Posted February 8, 2013 I am in 7th year of H1B (Company A) with H1 extension valid for almost another 3 years until 2015 based on approved I-140 and pending I-485 over 180 days. (pd 2007) I am thinking of changing my employer to (Company B) using AC21 but still thinking whether to use EAD or H1B. 1) From risk point of view, I heard from many people that beyond 6 years of H1B it doesn't really matter if we use EAD or H1B for AC21 because if I 485 for some reason gets rejected then EAD or H1B both are invalidated and we fall out of status and can't work on any. 2) Basis of H1B extension beyond 6 years is approved I-140 and/or pending I-485 (AOS) and if I-485 gets denied then H1B automatically is invalidated. Please correct me if I am wrong?
Attorney_25 Posted February 8, 2013 Report Posted February 8, 2013 H-1B is not invalidated by I-485 OR I-140 denial. EAD is not invalidated by loss of H-1B job. That is why it is a good idea to have both continuously. You did receive some incorrect information.
rock Posted February 8, 2013 Author Report Posted February 8, 2013 According to some experts, the basis of 3 yrs H1B extension beyond 6 years is on approved I-140 and/or pending I-485. 1) What happens to your beyond 6 yrs H1B extension when pending I-485 is denied? 2) Denied I-485 and how can you stay on H1B extension? or for that matter even EAD? ( I am not talking about people who still have some time left on their first 6 years of H1B , if they have 2-3 years left then that makes sense and they can still use their H1B time) 3) People who have H1B beyond 6 years it is only based on AOS. If AOS gets denied then how can you use H1B extension?
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