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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.

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Attorney answers 2

Posted

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.

Asker

Posted

Hello, thank you. If the H1 is beyond 6 year period and is based as an extension on basis of I-140, will the H1 status still hold if I-485 is denied even though it is an extension, thank you

Posted

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.

Asker

Posted

Hello, thank you. If the H1 is beyond 6 year period and is based as an extension on basis of I-140, will the H1 status still hold if I-485 is denied even though it is an extension, thank you

F. J. Capriotti III

F. J. Capriotti III

Posted

Why do you keep talking about an I-485 denial ... did you commit some horrible crime? If not, then you shouldn't be worried about the I-485 ... it too, will continue to be pending.

F. J. Capriotti III

F. J. Capriotti III

Posted

And, of course, you should be asking these questions of the lawyer that did the I-140/I-129H/I-485 .... he/she has access to all the information that we don't have access to.

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