You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.

 

If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.

If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.

As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.

 

If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.

 

Yes, you can volunteer while on a temporary visa as long as you are not compensated in cash or kind.

For F-1 OPT, if the volunteer work is meant to count toward your OPT compliance, it must be at least 20 hours per week and related to your field of study. If it’s purely additional volunteer work (e.g., helping at events, reviewing research papers) and not counted for OPT compliance, there’s no issue, but check with your DSO.

However, you cannot volunteer for a for-profit company, as that could violate labor laws, though the violation would be on the company’s part, not yours.