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H1 B extension with approved I-485 EAD

1 Answers. Asked on Feb 13th, 2017 on Immigration - Georgia
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Although my I 485 EAD and AP is approved, I still want to maintain and continue to be on H1 VISA, till the time my GC priority dates become current. The reason to maintain H1 Visa status : If for whatever unforeseen reason there is any issues in my GC processing, I need a fall back plan that can let me stay in US and work, that’s only H1 Visa. Also my PD is 31st Oct 2008 and the dates are not moving fast enough every month. Need a professional advise if this is the right approach or if there is something else i should be doing for me(H1B) and my wife(H4).
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Answered on Mar 14th, 2017 at 12:56 PM

Many H1B holders are faced with the same question as you, and many choose your fallback plan. This appears to be the right approach for the sake of security. Of course, as you know, many take the other course with the EAD and advance parole. I do note that the Trump administration will be making it appreciably more difficult for individuals to obtain advance parole in the future. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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