Just wondering if anyone knows the answer about this: My lawyer told me that if I-140 is approved we don’t need to renew H1-B anymore. Is it true?
I couldn’t find any articles regarding this question. If anyone can provide a link I would appreciate.

no its not true but if ur i-140 is approved then u dont have that 6 yrs limit. u can extend ur h1 beyond that too untill u get ur gc.

How about if my I-140 is approved and my priority date is current and I just filed adjustment of status. Do I still have to renew my H1-B?

If you have filed your adjustment of status and have received EAD or looking forward to receive it before your H1b expires then you may not have to renew your h1b. In all other cases you will have to. Remember you need to be in either H1b or EAD inorder to be on the status authorized to work. There is another catch to it. If you use your EAD to work once you recieve it then you will abandon your H1b status. So, by any chance, if your I-485 gets denied you wont have anything to fallback to.

I have one question though ,after i file my 485 can i still remain in my h1b status. what i am saying is, if i have valid stamping in my passport, can i still travel with that without getting travel document after filing for 485.

yes,don't abandon H1 till u get green card!U never know!!
Evenif u have to travel,travel with H1,not with advance parole doc.It's safe.

Nirvana, yes you can still remain on H1b and travel without any additional travel document until the time your H1b expires even though you have filed for I-1485. But if you use EAD for work and abandon your h1b you need approved Advance Parole document to travel.

thanks a lot guys, one more question though. how bout one's spouse in Nepal, can she go to consulate and get new stamping for h4 or she has to wait till this 485 is approved and go thru whole process.

I am not sure if I understood your question correctly,

1) If she has a valid H4 stamped on her passport, which has not expired, and she has not used the EAD yet for work then she doesnt have to go to consulate.

2) If she was on H4 but has used EAD for work then she needs approved AP to travel. Even if she has not used EAD but has approved AP she is fine to travel.

3) If her H4 on passport has expired and you want her to remain on H4 then you should have applied for her H4 renewal and should have received approved I-797. She will take that to consulate and get her H4 re-stamped on the passport.

Hope this clarifies a bit...

but i heard that once u applied for 485 ur status will be change and u cant get h4 stamping anymore.do u know anything about this bhasmasur

Applying for I-485 automatically doesnt change your status but using EAD does. Just like you can still be on H1 even after applying I-1485 she can still be on H4 too unless her H4 status has expired and you have not applied for the renewal. If that is the case she needs the approved AP to travel and cannot have her H4 re-stamped.

This is as far as my knowledge goes but you may want to verify with an immigration attorney.

that means if her h4 is still valid, she can still get new stamping even though 485 has been applied from here correct.

thanks a lot of all the infos.

I am lost, Please suggest what should i do now. My H-1b is going to expire TODAY (6-year). My lawyer told me that if my priority date is current I can file I-485, which I did 2 weeks ago. He told me that this process will save the inconvenience and the expense of applying the renewal of H-1B visa. USCIS have also taken out the fee yesterday that I send with the I-485 application. I haven’t received EAD yet though. My I-140 is also approved 2 weeks ago, same day I filed the I-485. Please suggest. in these cases should I renew H1-B? if i didnt apply H-1B what is my status gonna be. can i still work?

I recently filed for the H1B extension eventhough I had EAD, AP and Approved I140. Usually company pays for the H1b filing so there is no harm applying for extension.

Good Luck

so AX, if you have to travel, can u go to consulate and get new stamping even though u already have ur adjustment of status done.

Moon & Maya,

I wish you have acted a little earlier. Given your I-140 was approved you should have obtained 7th year extension for H1b well ahead of time. Since you have not received your EAD yet and your H1b is going to expire today I am afraid that you will probably not have a status to work from tomorrow. You should urgenty consult a good attornery RIGHT NOW !

bhasmasur is absolutely correct. You should file your H1B extension TODAY (if at all possible).

your best bet might be to leave the country, have your lawyer apply for AP right away, and come back to US once you get your EAD & AP.

Moon and Maya,

Since you have applied for I-485 your status will be "AOS" which will allow you to legally stay in US until any decision is made on your I-485 but you wont have the status to work until you receive your EAD. This is the best of my knowledge but please consult an attorney and act immediately.

How INS will know someone used EAD or, not? If H4 visa holder applied for 485 and received EAD if she use her EAD for several months and wants to go back Nepal for couple days with valid visa without travel documents can she enter US in H4 or, immigration will find out she used her EAD already?