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AC21 portability on EAD or H1B beyond 6 years. Aren't they both invalid if I 485 gets denied?

Aurora, IL |

Company A applied for my GC and I have approved I140 and pending I485 since 2007. I want to move to another company B using AC21 but I am not sure if I should ask new company for H1B transfer or use EAD instead
Some people suggest to use H1B incase something happens with I485 application and H1B will keep me in status.
H1B beyond 6 years or EAD will have same risk of being invalid if for any reasons I485 application gets denied.

Attorney Answers 2


  1. The benefit of keeping the H1b is that if adjustment is denied, you will not have any period out of valid nonimmigrant status, nor any unauthorized employment.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Not being on H-1B status eliminates your options if the I-485 is denied.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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