Grace What God cannot do does not exist
Jun 3, 2025
Status Clarification
My H-1B visa is expiring in a few months, and I have already filed my I-485 application with EAD and Parole few days ago. Is it possible for me to fall out of status if my H-1B expires while I'm waiting for my adjustment of status (AOS) to be approved? Should I renew my H-1B with my new employer while my AOS is pending?
Thank you for your support!
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f cJun 3, 2025
talk to an experienced lawyer
Enoch MJun 3, 2025
My thinking is that, the reason you get the EAD even while on H-1B is to help ensure you are covered to work (as you wait for AOS decision) even when you get out of status with your H-1B. What you may need to note is that once you use the EAD, your status in the US is only based on the pending AOS approval. You can consult an attorney for some specific information.
B OOJun 3, 2025
No. since u submitted before the expiration, u are fine
k mJun 3, 2025
to my understanding, you can extend h1b with approved i-140 beyond the 6 years
Sandy GJun 3, 2025
same here. I'm still going for h1 renewal. but mine is the initial h1 and i am renewing for next 3 years.
Quabs MJun 3, 2025
all valid points made here. I will extend H1B just in case. These days you can't always be certain.
Grace What God cannot do does not existJun 4, 2025
Thank you so much for your advice and your support . I will consult a attorney and same time see if I can renewal before the expiration in few months to come.
Aaron OJun 4, 2025
I'd renew the H1B just in case there are problems with the I-485. You'll be guaranteed to be able to work for at least a few years
Even if you don't, you're legally allowed to stay in the US with a pending I-485, even if your status expires. You just can't work unless you have your EAD too
M AJun 4, 2025
Same use case for me so I extended my H1
Grace What God cannot do does not existJun 5, 2025
I totally agree with you. I am on it already.
Thank you
