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Should I apply for H1B while waiting for AOS ?

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  • Should I apply for H1B while waiting for AOS ?

    My priority date is August 2014, and I received my EAD (H1B based) in 2021 after downgrade from EB2 to EB3. I traveled to India in October 2022 and reentered the US in December using Advance Parole. Currently, my company's attorneys are in the process of filing for my EAD extension. Additionally, they are advising me to apply for an H1B extension.

    I've heard that using an EAD/AP combo card to enter the US makes me ineligible for an H1B. However, our attorneys are strongly recommending the H1B extension, suggesting it as a safety net in case my Green Card application is rejected. I'm curious if there are any downsides to applying for the H1B extension beyond visa stamping complications. I appreciate any insights. I've also scheduled an appointment with an outside attorney and will share updates based on our discussion.

  • #2
    The Cronin memo did say that someone who had H1b or L1 who left and was paroled in using Advance Parole, can do extension of status back to H1b or L1.

    This is my personal opinion and is not to be construed as legal advice.