||Maintaining non-immigrant status
(H-1B, O-1, etc.)
|Utilizing an EAD card
||Some individuals choose to maintain their non-immigrant status while their case is pending with USCIS for LPR. You must maintain your underlying status in this situation.
||Some individuals choose to end their non-immigrant status to gain more flexibility in regards to their work authorization.
||You must work only as authorized by your non-immigrant status and through the end date on your current I-797 Approval Notice. If you are an H-1B or O-1 sponsored by UIC, please see your corresponding section on our website.
||Work only for the period approved on your Employment Authorization Document (EAD card).
||Have the department apply for renewal of your status 4-6 months prior to the expiration of your current status. Extension limits vary by situation, in general 3 years are allowed for individuals from an oversubscribed country (China, India, etc.) and 1 year extensions are allowed for all other situations.
||Apply for renewal of your EAD card 6 months prior to the expiration of your current card. EAD cards can be extended in increments of not more than one year at a time.
||If you are an H-1B visa holder, you may travel on a valid H-1B visa stamp for as long as you have a valid I-797 Approval Notice. You may also choose not to use a visa to re-enter but rather use Advanced Parole (I-131). In either situation, you resume your H-1B status upon re-entry unless you utilize an EAD card for work authorization.
||Apply for Advanced Parole (I-131) prior to travel outside of the U.S. to avoid abandoning the I-485 petition. You must have a current EAD card to continue to be work eligible upon return to the U.S.
||You may be able to change positions and/or employers if the proposed new position is the same or similar to your current position. Also, your approved Immigrant Petition (I-140) can remain valid if Form I-485 is filed on the basis of the EB immigrant petition and remains unadjudicated for 180 days or more. Please consult OIS prior to accepting any new position, if we are your sponsor, otherwise contact your attorney/employer.
||You may change positions at your discretion.