Legal Question in Immigration Law in California

I am an employment based (EB3), my H-1B will be expiring this year. I already filled for Adjustment of Status (I-485) pending for almost 3 years, has approved I-140 for 16 months and still waiting for visa availability. My question is do I still need to renew my H-1B wherein I have my employment authorization valid. Please advice.


Asked on 7/21/10, 9:01 pm

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

You are not required to renew your underlying H1B visa status in order to continue to remain in the U.S. based on pending I-485.

However, it is a prudent idea to renew the underlying H1B status anyway to provide options to remain legally in the U.S. in case your employer revokes the I-140, or if there is a problem with the I-485.

You can contact our law firm at 212-268-3580 during business hours, or email [email protected] for additional guidance.

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Answered on 7/22/10, 7:15 am
Taraneh Khorrami Law Offices of Taraneh Khorrami, APLC

You do not have to renew your H1B Visa, since you have already filed your application for adjustment of status in the U.S. However, if for some reason your I-485 gets denied and your H1 Visa has expired by then you will be out of status. Therefore, some people prefer to renew their H1 Visas, even with pending I-485 applications, just to be on a safe side.

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Answered on 8/03/10, 12:01 pm


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