What Is the Best Situation for Me If My H-1B Expires while I-485 Pending?

Dr. William:

I am planning to file self-sponsored EB1-EA and NIW this April. Right now, I am on H-1B, but will expire next year January.  I am also starting to look for another job with the same area as I am working on.  

If my H-1B expires after I-140 approval, but before I-485 approval, is it legal for me stay unemployed? What is the best situation for me? I really appreciate your help.


If you file EB1-EA and NIW by yourself without employer sponsorship, after I-140 approval and before you get I-485 approval, you should always has valid visa status, like H-1B. Additionally, you always have an option to apply for EAD to work legally as your I-485 pending. But If you lose your valid status, you will have trouble for your I-485 approval.








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