I filed my I-485 and received my EAD. But, I was told I should still maintain my H1B status. Is that really necessary?


It is generally best, if at all possible, to maintain H1B status until the GC is approved. The primary reason for this is that if the I-485 is denied for some reason, at least one still would be in valid H1B status. Otherwise, the denied I-485 typically would result in the individual’s falling out of status. There are things that can go wrong with a pending I-485; for instance, if there were a problem with the underlying PERM or I-140 that was previously unnoticed. In many cases, the chance of I-485 denial may be relatively low. But, it is not always easy to tell if there is a problem below the surface. (22.Feb.2016)

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