01/05/09
Should an Employee Maintain H-1B status while I-485 is pending?
Employment-based Adjustment of Status Applicants beware! Under INA §245(k), an Adjustment application (1-485) may be denied if after the applicant's last date of entry has a combined total of 180 days or more:
- failed to maintain status; and/or
- worked without authorization; and/or
- violated the terms and conditions of admission.
Filing the 1-485 stops the
accrual on failure to maintain status. However, gaps in an applicant's EAD card validity dates will be counted
against the maximum combined 180-day period. Thus, it makes sense to
continue extending H-1B, L- 1 or other nonimmigrant status throughout
the Adjustment of Status phase.