View Full Version : Application for new H1B while I485 is pending

01-04-2010, 05:31 PM

I have a question about a new H1-B application while I-485 is pending. If I-485 is pending and the person is currently working on EAD with expired H1-B, is there a requirement that the person has to leave the country to apply for a new H1-B based on pending I-485? If yes, will it affect the green card process negatively?

My attorney says that as there was a gap in H1 status, one has to leave the country for a new H1 application, even though it is with the same employer.