Immigration FAQ: AOS Pending, Should H-1 be Renewed?

by BradBernstein on August 10, 2010

By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein

Question: Should H-1 be renewed while the AOS is pending?

Spar & Bernstein: Bottom-line – We think H-1 should be renewed. A few months ago, we used to feel strongly that AOS applicants should keep their H-1 active for several reasons. EAD issuance was erratic and CIS had discontinued issuance of interim EAD’s (that is, if in 90 days your EAD is not issued, you could walk with a Infopass appointment to your local CIS office and get an EAD). Thus, EAD’s were unreliable and given for only a year. You could have interruptions in your work.

The Law Offices of Spar & Bernstein, 225 Broadway, 5th Floor, New York, NY 10007. Phone: 1-212-227-3636, 1-800-law-link, 1-800-529-5465 Email: info@lawsb.com

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