Messersmith Law Firm

Immigration Q&A - June 20, 2010

H1B Renewal While Adjustment of Status is Pending

I am now in an H1B status and it will expire in a month. I already filed an I-485 adjustment of status and my I-140 after the I-140 was approved. I also have an EAD card which is valid for another 9 months and I know I can extend it. Do I still need to extend my H1B visa?

It is likely in your best interest to extend your H1B unless you have already used your EAD to work for a different employer. If, for some reason, your I485 is denied, it is good to have your H1B as a backup. Otherwise you would be out of status if the I485 were denied.

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