Do I need to extend my H1B visa during the green card application processing? 4 Answers as of May 24, 2011

My H1B expired on October 11. I have a Master degree from USA. I filed an application for green card in April 2011 under EB2 category. Do I need to extend H1B when the green card application is under process?

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Verdin Law Firm, LLC
Verdin Law Firm, LLC | Isaul Verdin
To be on the safe side, file for the extension.
Answer Applies to: Texas
Replied: 5/24/2011
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
No you do not unless you want to. Once you file the I-485 you should receive a work permit (and by extension a SS card) to allow you to function while your application is being processed. Of course, I am assuming that you have presented all the pre-requisites of adjustment of status so that you are only waiting for an interview date. My experience is that unless something is terribly out of place with the PERM or Labor certification application and all attendant documentation, USCIS will not disturb the regular order of things and grant you your green card. If you are confident about your application, then there is no need. However, if you are not, then go ahead and extend your H-1B (if you still have time left on it), that way you will have something to revert back if it should not work out for you. Good luck!
Answer Applies to: California
Replied: 5/19/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
As long as your I-485 is in process, you do not need to extend your H. That is because the I-485 gives you permission to be in the US. You cannot work unless your H is valid or your EAD card is issued and unexpired. Some clients like to renew as a safety net in case their green card is denied.
Answer Applies to: California
Replied: 5/19/2011
Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Yes you must extend your H-1b, because if the green card application is denied, you will have no status. I always advise clients to extend the non-immigrant visa when you file your green card application. You have come this far for problems to come up.
Answer Applies to: Florida
Replied: 5/19/2011
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