Should one keep his/her H1B Status when I-485 application is pending? This is always a controversial and important question to many aliens. Some optimists think H1B status is not important with an I-485 application pending, with a hope it will approved soon; or he/she can work with an EAD based on a pending I-485. Therefore, H1B status is not important anymore with a pending I-485. However, we suggest one should keep his/her H1B status when I-485 is pending. You’ll never know! Here are some new practices from USCIS which attest the importance of keeping a valid H1B status:

1. It varies remarkably for FBI clears Name Checks recently. Numerous I-485 applications are stuck on name check. Therefore, one may not get his/her green card as soon as expected. There are many cases in which name check takes more than one year to clear.

2. It is reported that USCIS is refusing to grant EADs to individuals who have pending I-485 and whose security checks are not complete. In some cases, USCIS officials have cited an undisclosed memo that bars granting an EAD if the security check is not complete. This issue may be fixed, but it is not guaranteed.

3. Since October 1, 2006, the local offices will stop to process and produce EADs. This new policy has significant influence on EAD. In the past, a beneficiary can go to a local CIS office to apply a temporary EAD if his/her EAD application has been pending for more than 90 days. Now, this channel is closed. 

Therefore, it is very important to keep a valid H1B status with a pending I-485 application. In addition, a valid H1B can be extended to more than 6 years under two circumstances: 1) A PERM or I-140 application is filed one year before the expiration date of the current H1B, and the case is not denied or withdrew; 2) the I-140 is approved but I-485 is not filed because of unavailability of visa numbers. Overall, keeping a valid H1B status is imperative to an alien before he/she gets the green card in hands.