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Immigration
Employment Based Greencard
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legal status
Dear all,
I have a question regarding extension of EAD.
Here is my time line
EB1A
my I-140 was approved on 11/16
I-485, EAD, AP submitted 12/19/16
Biometrics done on 02/21/17
EAD and AP combo card received on 03/17 which is valid till 02/28/18
I-485 still pending
I have a valid H1-B status till 02/2019. I applied for EAD just in case I wanted to change the employer
However, I traveled outside the country using my AP and was paroled back in US on 12/05 until 12/18/18 (one year)
Now I want to apply for extension of my EAD and not sure what is my status now and on which status I entered the country.
According to my attorney, as soon as I use AP, my H1-B becomes null and void and I switch to I-485 pending status
According to my employers attorney, as long as I have a valid H1-B and do not change the employer, status will remain H1-B regardless how I entered the country (using AP or VISA stamp).
Does someone has the similar experience?
Could someone advice me what to do here, who to believe?
thanks
I have a question regarding extension of EAD.
Here is my time line
EB1A
my I-140 was approved on 11/16
I-485, EAD, AP submitted 12/19/16
Biometrics done on 02/21/17
EAD and AP combo card received on 03/17 which is valid till 02/28/18
I-485 still pending
I have a valid H1-B status till 02/2019. I applied for EAD just in case I wanted to change the employer
However, I traveled outside the country using my AP and was paroled back in US on 12/05 until 12/18/18 (one year)
Now I want to apply for extension of my EAD and not sure what is my status now and on which status I entered the country.
According to my attorney, as soon as I use AP, my H1-B becomes null and void and I switch to I-485 pending status
According to my employers attorney, as long as I have a valid H1-B and do not change the employer, status will remain H1-B regardless how I entered the country (using AP or VISA stamp).
Does someone has the similar experience?
Could someone advice me what to do here, who to believe?
thanks
All Replies (6)
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