My H1B is valid for a couple of more months, and I have an EAD based on my pending I-485. Do I have to maintain H1B status until the green card is issued?


Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.

That being said, we typically recommend maintaining H1B (or some other nonimmigrant) status, if possible. This is primarily to serve a back-up, in case the I-485 is denied. If the case is denied, but the individual has maintained valid H1B status, it normally would still be possible to remain in the U.S. in H1B status (and hopefully then address the issue the led to the I-485 denial.) If the person has not maintained status, the I-485 denial would ordinarily leave the person without any lawful ability to remain in the U.S.  (29.Sep.2022)

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