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Old 11-15-2007, 11:46 AM
dhirajgrover dhirajgrover is offline
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Default Thanks for the detailed reply!

Hello mangelschots,

Thanks for the detailed reply! For some reason, my employer's law associate informed me that I would not need an H1B extension if I had my I140 approved. As such, I was double checking as it did not sound right to me.


Originally Posted by mangelschots View Post
Just spoke to my lawyer about the same.
You CAN stay in US on EAD/AP only. There is no strict necessity to extend your H1.
However, the disadvantage of this is that, in case your GC get's denied or if you do not renew your EAD on time (my lawyer recommends to apply for EAD renewal 100 days before its expiry), you get approx 10 days or so to pack your stuff and get out of Dodge City. I don't know how mobile you are. Depending on your situation (single, living in an apartment out of a suitcase, vs married with children in school and a mortgage on a house) this might be somewhat uncomfortable.

When you keep your H1 current in parallel to your EAD/AP, (in case your I-140 is approved, you are eligible for extension up to 3 years) you are guaranteed to be allowed to stay in the US (you'll have to continue working for your sponsor) for the duration of your H1, regardless the outcome of the GC.

So, worst case: you abandon H1 and GC gets denied --> adios muchachos, you have 10 days to get out of here.
more comfortable doomsday scenario: H1 extended for another 3 years and GC denied --> you get to stay a little longer and can make a more graceful exit.
In case your GC gets approved (this century) --> who cares - Party time.
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