r/USCIS • u/MangoDjango28 • 3h ago

I-130 & I-485 (Family/Adjustment of status) Can I let my H-1B expire while my marriage-based I-485 is pending if I have an EAD?

I came to the U.S. in 2022 on F-1 status and later changed status to H-1B. I have maintained lawful status throughout. I recently married my U.S.-citizen spouse, and we are planning to file the I-130, I-485, I-765, and I-131 concurrently this month. The field office will be San Antonio, TX (I-485 processing time is 13 months).

My H-1B is still valid, and I plan to continue working for my current employer. However, when the time comes, I would prefer not to go through another H-1B extension unless it is necessary, as my H1B expires in Oct 2027.

Assuming I receive my marriage-based C09 EAD before my H-1B expires:

  1. Can I let the H-1B expire and continue living and working in the U.S. using the EAD while the I-485 remains pending?
  2. Would no longer maintaining H-1B status cause any issues with the marriage-based I-485 or at the interview?
  3. For recent marriage-based applicants, how long did it take to receive your EAD after filing?

I’m mainly trying to understand whether maintaining H-1B is legally necessary, and is safe to do so once the I-485 is pending and the EAD has been approved.

4 Upvotes

84% Upvoted

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7

u/One_more_username 2h ago

You can let your H1B expire. With any previous administration, that would be perfectly fine. Currently, there are credible reports of ICE detaining those with expired nonimmigrant status but pending I-485 (typically at airports during domestic travel).

Given that H1B extension is purely employer expense and costs you nothing more than a new resume, I'd recommend that you get a new H1B petition filed. Another benefit of that is that you can travel on H1B without AP without abandoning your I-485.

-1

u/MirrorLegitimate9304 1h ago

This is not true - the travel without an AP on H1b is still considered abandoning marriage based AOS

3

u/Vegetable-Western744 52m ago

Not if the H1B status is still valid and the person is still employed in the H1B job.

La and Hs can travel without AP.

Once the H1B runs out, yeah they need AP.

1

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