Just wondering if anyone knows the answer about this: My lawyer told me that if I-140 is approved we don’t need to renew H1-B anymore. Is it true?
I couldn’t find any articles regarding this question. If anyone can provide a link I would appreciate.

thanks a lot guys, one more question though. how bout one's spouse in Nepal, can she go to consulate and get new stamping for h4 or she has to wait till this 485 is approved and go thru whole process.

I am not sure if I understood your question correctly,

1) If she has a valid H4 stamped on her passport, which has not expired, and she has not used the EAD yet for work then she doesnt have to go to consulate.

2) If she was on H4 but has used EAD for work then she needs approved AP to travel. Even if she has not used EAD but has approved AP she is fine to travel.

3) If her H4 on passport has expired and you want her to remain on H4 then you should have applied for her H4 renewal and should have received approved I-797. She will take that to consulate and get her H4 re-stamped on the passport.

Hope this clarifies a bit...

but i heard that once u applied for 485 ur status will be change and u cant get h4 stamping anymore.do u know anything about this bhasmasur

Applying for I-485 automatically doesnt change your status but using EAD does. Just like you can still be on H1 even after applying I-1485 she can still be on H4 too unless her H4 status has expired and you have not applied for the renewal. If that is the case she needs the approved AP to travel and cannot have her H4 re-stamped.

This is as far as my knowledge goes but you may want to verify with an immigration attorney.

that means if her h4 is still valid, she can still get new stamping even though 485 has been applied from here correct.

thanks a lot of all the infos.

I am lost, Please suggest what should i do now. My H-1b is going to expire TODAY (6-year). My lawyer told me that if my priority date is current I can file I-485, which I did 2 weeks ago. He told me that this process will save the inconvenience and the expense of applying the renewal of H-1B visa. USCIS have also taken out the fee yesterday that I send with the I-485 application. I haven’t received EAD yet though. My I-140 is also approved 2 weeks ago, same day I filed the I-485. Please suggest. in these cases should I renew H1-B? if i didnt apply H-1B what is my status gonna be. can i still work?

I recently filed for the H1B extension eventhough I had EAD, AP and Approved I140. Usually company pays for the H1b filing so there is no harm applying for extension.

Good Luck

so AX, if you have to travel, can u go to consulate and get new stamping even though u already have ur adjustment of status done.

Moon & Maya,

I wish you have acted a little earlier. Given your I-140 was approved you should have obtained 7th year extension for H1b well ahead of time. Since you have not received your EAD yet and your H1b is going to expire today I am afraid that you will probably not have a status to work from tomorrow. You should urgenty consult a good attornery RIGHT NOW !

bhasmasur is absolutely correct. You should file your H1B extension TODAY (if at all possible).

your best bet might be to leave the country, have your lawyer apply for AP right away, and come back to US once you get your EAD & AP.

Moon and Maya,

Since you have applied for I-485 your status will be "AOS" which will allow you to legally stay in US until any decision is made on your I-485 but you wont have the status to work until you receive your EAD. This is the best of my knowledge but please consult an attorney and act immediately.

How INS will know someone used EAD or, not? If H4 visa holder applied for 485 and received EAD if she use her EAD for several months and wants to go back Nepal for couple days with valid visa without travel documents can she enter US in H4 or, immigration will find out she used her EAD already?

My spouse is in H4 and 485 filed. Mine approved but spouse's still pending but received EAD and started working. Advance Parole not received yet.

Problem is that H4 is expiring soon. How can we extend H4? I am no longer in H1 because 485 already approved. What is this status? What to do now?

Please give me some info

nepali bhai, how long did it take for ur 485 to get approved

For me it was quick. It took only 3 months in EB2.

Saan_Dai,

I dont think one can say for sure that whether USCIS will find out is she used EAD or not but it is all about playing within the boundary of immigration rules which is the moment she uses the EAD for work she is no longer in H4 visa. That means her stamped H4 means nothing and she would need AP document to travel.

Nepali Bhai, you wife's status is "AOS" now and since she has already used EAD to work she no longer has H4 status. You cannot renew her H4 now and there is no need to. Please wait for her I-485 and AP approval. Please be careful to not let her travel without AP approval.

Oh NIRAVANA75062 Ji,

SQL help nagarne vane? It is bit complex though.

nepalibhai, as far as I know, H4 extension is no longer an option for your spouse. However, the EAD can be renewed, as long as the renewal is filed 90 days prior to expiration.

Nirvana, Thanks for suggestion. I recently travelled and used AP to enter. So far as I know, I am still on H1.