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I am currently on a H-1B visa, which expires in five (5) months. If I file the I-140 and I-485 petitions concurrently and obtain an EAD, do I need an H-1B visa extension?

April 26, 2017Currently file H-1B i-140 I-485 months petitions Visa

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I am currently on a H-1B visa, which expires in five (5) months. If I file the I-140 and I-485 petitions concurrently and obtain an EAD, do I need an H-1B visa extension?

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Although it is not necessary for you to maintain H-1B status once your I-485 is filed and an EAD is issued, it is advisable to maintain your nonimmigrant status while your I-140 and I-485 is pending in the event the I-140 is denied, since the I-485 cannot stand without an approved I-140.