I140 to I485


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There are many reasons that it's important to maintain H-1B status even after the I-485 is filed. One is that you cannot work on the I-485 unless you have the EAD in hand. If you do not file EAD extensions early enough (over 90 days prior to the expiration of the previous), you will have a gap in work authorization and cannot work between the expiration of one EAD and the start of another. Another issue is that USCIS has been finding reasons to revoke approved I-140s, not only for employer withdrawal or for fraud, but for finding that the petitioner or beneficiary didn't qualify in the first place. Just generally, if you do not have the H-1B then you do not have status and it's easier for the government to deport you if you were to come to their attention for any reason, such as an arrest even for a minor issue.

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