str3ss3d out
Sep 14, 2024
Can an employer re-apply expired H-1b inside the US while i-485 is pending?
Is it possible? Pros and Cons?
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Z KSep 14, 2024
Yes,
Pros, In case your I-485 will be denied, still you will have a legal status as a h1b (Non-Immigrant) for work.
Cons: The lawyer’s remuneration.
BL DSep 15, 2024
It’s always better to apply for H-1B renewal even if your AOS is pending and have EAD on hand.
str3ss3d outSep 17, 2024
That is my regret.. My company lawyer advised that with EAD issued, there’s really no need to renew h-1b. This is wrong advise.
a kSep 18, 2024
@str3ss3d out they are just trying to save few bucks and paperwork by letting H1 expire.
the recommendation will be to keep H1b track alive while 485 happens BEFORE h1 expires. it gives you an added lifeline and benefit you to travel on h1 visa stamp without the indeterminate wait for AP. h1 visa is dual intent.
if it is already expired, nothing can be done and you just hold on to EAD and clock 180 days to switch employer etc
str3ss3d outSep 18, 2024
Very true. Thank you for your input. I wish I had done my own research then and not be in this situation that I’m in.
Charlie SCOct 19, 2024
@str3ss3d out H1B can be applied but if your previous H1B ended already, you will have to exit and get visa for coming back.
str3ss3d outOct 19, 2024
@Charlie SC I appreciate your input. Exiting is not a logical option for me at this point. I wish though I had kept renewing my H-1b.
