Legal Question in Immigration Law in California

H-1B is not required as long as you have valid work permit. We normally recommend H-1B extension because you can fall back to your H-1B if your I-485 is denied for some reasons.

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We usually highly recommend that you continue to extend your H-1B visa while your Adjustment case is pending for several reasons: (1) it allows you flexibility to continue working in valid H-1B status if for some reason your Adjustment case is denied, (2) you have more flexibility to travel outside the U.S. on your H-1B visa, (3) if for some reason you need to change employers or are laid off, you are able to find another employer to sponsor you for an H-1B and you could 'port' the H-1B and immediately start working, so long as the new employer filed a H-1B petition for you, (4) the H-1B status also gives more flexibility to your dependants who can be in H-4 status. We'd be happy to assist you if you should need assistance in extending the H-1B visa, or any other questions. You may call at 415-387-1364 or email at [email protected].

I highly recommend filing for an H-1 extension. More and more over time, the government is looking for ways to undermine even good employment based cases. Many problems in this area are avoidable. One strong tool available is keeping the H-1 valid. There are many unintended consequences that can result from failure to extend the H-1 just because employer and alien think all will be well. Unfortunately, experience tells me that is not always the case.

Feel free to contact me for further information concerning how I might help you at 818 609 1953, [email protected] or visit me at http://www.yardum-hunter.com. Until then, we yet to have an attorney client relationship.

Best regards,

Alice Yardum-Hunter, Certified Specialist, Immigration & Nationality Law, State Bar of CA, "Super Lawyer" 2004-2009, Los Angeles Magazine

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