I am currently on an H-1B visa, and my I-526 application has been approved. I’ve filed my I-485, but if it gets rejected, can I continue working under my H-1B? I heard that using an I-485 EAD while it’s pending means I lose my H-1B status. Is it true that if my I-485 is denied, I have to leave the country even if my H-1B is still valid? How do I decide between using my H-1B or the I-485 EAD?
Answers
Lynne Feldman
EB-5 Immigration attorneysIf the worst happens and the I-485 is denied and you have been working on the EAD. You just need a quick exit and return on H-1B if valid H-1B visa.
Yuliya Veremiyenko-Campos
EB-5 Immigration attorneysIf you start using your I-485-based EAD while I-485 is pending, you will no longer be maintaining your H1B status. If your I-485 is denied, you would need to leave the U.S. Having said that nothing prohibits you applying for an H1B visa through consulate at that point, assuming you are admissible and remain eligible for an H1B status.
Tony W. Wong
EB-5 Immigration attorneysIt is better to keep using your H-1B working visa to work for your H-1B sponsoring employer while your I-485 is pending. Because H-1B allows dual intents, you can use your valid H-1B visa to come back to the States after your travel.
Natalia Morozova
EB-5 Immigration attorneysIf you file I-485 you can continue to work on H1B. If you use an EAD that will be issued under I-485 you will loose your H-1B status. If the I-485 is denied your action will depend on many different things and you would need to speak to an attorney at that time to decide the best course of action. If you use I-485 you will loose H- 1B status but whether you can get it back would require a consultation with an immigration lawyer.
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