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H1 B Extension (based on I-140) cancelled based on I-485 denial or can it be extended based on approved I-140?

Utica, NY |

I am currently on 7th year H1B extension based on I-140 approval. My I-485 is pending for more than 6 months and I have my EAD/AP already. If my I-485 is denied or has any issues, how will be my H1 B visa extension and will it still stay valid and can be extended based upon approved I-140? Is there a benefit to stay on H1 Visa extension vs. EAD since a denial of I-485 lead to cancellation of either.

Attorney Answers 2

  1. There is a benefit of maintaining H status rather than working on an EAD because if your 485 is denied and you are no longer in H1B status you will be out of status.

  2. I agree with my colleague ... keep your H valid ... don't rely on the EAD.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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