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H1-B Renewal vs. EAD & Advance Parole

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  • H1-B Renewal vs. EAD & Advance Parole

    I found this forum is very helpful and am hoping to find an answer to my question...
    Here is my situation:
    1. I have H1-B. I renewed once before, and the one I have is the extended H1-B, which will be expired in Feb. 2009. My I-140 was approved, so I assume that I am eligible for the third extension.
    2. I also have an EAD, which will be expired in Sep. 2010.
    3. I applied for I-485, which is still pending for approval and my priority date is Feb. 2006 (EB-3).

    My questions are:
    1. Should I extend my H1-B once again or obtain Advanced Parole to be able to travel for the next one year?

    2. How it is difficult to reenter the country with EAD and Advanced Parole? Do I need to have an emergency reason to leave the country?

    3. I am not planning to change my job. Is it safe to let my H1-B expired and stay in the country and continue to work only with my EAD?

    Hopefully, my I-485 will be approved within one year. My lawyer does not want to give me a definite answer whether I should extend my H1-B (filing cost: $900) or obtain Advanced Parole (filing cost:$250). I obtained my EAD with my own, and maybe he wasn't happy about it... I don't know.
    What would you suggest?

  • #2
    1. Extend H1b is the safer option. AP is also possible. Your choice.
    2. EAD has no bearing on entry. AP has no difficulty as such to enter if you qualify.
    3. Depends. Extending H1b is the best option as you fall out of status if 485 gets denied immediately or if your EAD extension gets delayed, you cannot work.


    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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