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Work/Travel options after 485 : H1 Versus EAD/AP Work/Travel options after 485 : H1 Versus EAD/AP. Comparison between keeping H1 versus forfeiting H1 and using EAD/AP after 485 filing.

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Old 01-04-2010, 05:31 PM
ilyaraja ilyaraja is offline
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Default Application for new H1B while I485 is pending


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.
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