Visa Retrogression - Maintain H1 despite EAD?
Hello, I just had my visa interview, and got approved. Unfortunately I was affected by the retrogression, so no greencard yet. My lawyer says even though I have my EAD I still have to maintain my H-1 status... Is that true?
Thanks!
True, you should stay in Status till the day of your AOS for various reasons. I would recommend to keep it active.
For yourself, you dont have to maintain your H1B status if you have a valid EAD.
But if you have a spouse or child with H4 status, they will lose H4 status if you lose H1B status. And once they lose the H4 status, they would have to leave the US unless they have a pending I-485 or can switch to another status.
Jackolantern, thats what I was thinking too. I am single with no children, so not sure why the lawyer felt I had to maintain status. Perhaps she assumes so because I wont have an actual greencard for a little while longer.