Legal Question in Immigration Law in New Jersey

EAD or h1b extension...please clarify

hi

am on the 7th yr of my h1b.....and filed my i-485 and got my EAD too..so, after my 7th yr expires,

should i apply for a 8th yr extension or can i continue staying in the EAD..........what is the difference between staying on EAD compared to getting your h1b extended, till i get my Green card....should i happen to

travel outside US , which option is the best...

please clarify


Asked on 10/14/08, 5:12 pm

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: EAD or h1b extension...please clarify

You cannot travel outside of the US once your H-1B visa in your passport expires unless you have filed for Advanced Parole. The benefit of renewing your H-1B for an 8th year (if you are eligible to do so) would be that if your I-485 is denied, you will won't be out of status, since you will have the H-1B.

If you want to discuss in detail, please do not hesitate to contact my office directy to schedule a consultation.

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Answered on 10/14/08, 5:16 pm
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: EAD or h1b extension...please clarify

The benefit of keeping your H-1B is basically security if for some reason something goes wrong with your adjustment of status. It's a small investment for that peace of mind.

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Answered on 10/14/08, 5:29 pm


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