Confused!! EAD or H1B??? Please Help!!

B

books12345

Registered Users (C)
My AOS was filed in July 2007 based on marraige to USC.
I just recieved my EAD card and Advance Parole.
At the time of filing for my AOS, I was on H1B which is still valid till December 2009.
I am currently working with the same company who holds my H1B.

My question is what is my current status? am I still on H1B or EAD?

I have not notified my company about my EAD card, hence they are still holding my H1B.

Do I need to inform my company to update my status from H1B to EAD?

Also, I am planning to travel outside US in this coming December.
My H1B is not stamped since I had never left US after getting here.
Do I need to get my H1B stamped prior to entering back to US?
What should I use- EAD or H1B along with Advance Parole?
What should I say about my status to the immigration officer on the airport?

Eventhough I have received my I-485 receipt and I-130 receipt on September 4th, I am not able to find their status online - it just says "Not Found".
Why is it "Not Found"? Is this going to create an issue while I try to enter back?

Anyone with the similar situation? Please guide me - Thanks.
 
Unless you change companies or travel abroad, your H1B remains valid, and your EAD is unused.

Since you don't have a valid H1B stamp in your passport, when you leave and reenter the US, you will become a parolee, effectively ending your H1B. Alternatively I suppose you could get your H1 visa stamped at a consulate, but there wouldn't be much point since you already have the AP.
 
Actually, being a parolee ends the H1 "status", however s/he can still work under H1 as long as H1 holder keeps extending H1 and does not use EAD to work.

Current status is H1.
You can use AP to enter the US, and work under valid H1.
 
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So do I have to get H1B stamped once I leave US? or I can enter US without my H1B stamped by just showing my AP?
 
Thank you guys for all your support.

So do I need to notify my current employer that I have received my EAD?

Now I also know that while leaving US, we have to submit the I-94 card.

So does this mean that I have to sbmit my H1B I-94??
 
books12345, just so you know, maintaining H-1B status up until the AOS is approved is generally a "safer" option than starting to use EAD or entering on AP. I'm not completely familiar with the H-1B status rules after entering on AP, but my understanding is you can resume your employment with the H-1B employer but not be considered "H-1B status" but parolee. So my assumption is, and someone correct me if I'm wrong, if there's a problem with your AOS application you could find yourself out of status. Certainly, if you start using the EAD you can find yourself out of status also if there's a problem with the AOS. The choice to use H-1B or EAD is yours - note that if you would inform your company "you're choosing to now use EAD and not H-1B" my understanding is then you also lose H-1B status, even if you work the same job with the same employer, so don't even bother to tell your company about the EAD (you can tell them you have it, but don't tell them that you now want it to be your proof of employability).

So I think we settled the EAD question, that it doesn't make sense to go on EAD if you keep the same employer (unless it's for a different job than authorized under your LCA).

I'm still not sure whether it would be an advantage for the OP to be getting a visa stamp for the H-1B. If you don't forsee any problems with your AOS application then it really doesn't matter, and then the easier route would be to just enter using the AP.

On another note - December might be right around the time when you have your interview - what would be your plan if your interview date falls within your travel plans? If you're lucky then it might work out to where you're already a permanent resident in December.
 
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austriacus said:
books12345, just so you know, maintaining H-1B status up until the AOS is approved is generally a "safer" option than starting to use EAD or entering on AP. I'm not completely familiar with the H-1B status rules after entering on AP, but my understanding is you can resume your employment with the H-1B employer but not be considered "H-1B status" but parolee. So my assumption is, and someone correct me if I'm wrong, if there's a problem with your AOS application you could find yourself out of status. Certainly, if you start using the EAD you can find yourself out of status also if there's a problem with the AOS. The choice to use H-1B or EAD is yours - note that if you would inform your company "you're choosing to now use EAD and not H-1B" my understanding is then you also lose H-1B status, even if you work the same job with the same employer, so don't even bother to tell your company about the EAD (you can tell them you have it, but don't tell them that you now want it to be your proof of employability).

So I think we settled the EAD question, that it doesn't make sense to go on EAD if you keep the same employer (unless it's for a different job than authorized under your LCA).

I'm still not sure whether it would be an advantage for the OP to be getting a visa stamp for the H-1B. If you don't forsee any problems with your AOS application then it really doesn't matter, and then the easier route would be to just enter using the AP.

On another note - December might be right around the time when you have your interview - what would be your plan if your interview date falls within your travel plans? If you're lucky then it might work out to where you're already a permanent resident in December.
Click to expand...

Thank You so much Austriacus.
I remember you had also helped me while I was filling my AOS forms.
I hope your words come true "If you're lucky then it might work out to where you're already a permanent resident in December".

Our's is a bonafide marraige and there should not be any issues with my AOS getting approved but again, everything is in the hands of the officer who interviews us.

Thanks once again for all your help and support.
 
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books12345, I certainly do hope that these words will come true for you, it's quite realistic too. However be prepared that it's about as realistic too that your interview date could conflict with your travel plans. Rescheduling the interview is apparently very difficult and risky, so just keep your travel dates flexible if you can. I was "saved" by an RFE that we responded to just before we traveled, and by the time we were back, the interview notice was in the mail. Good luck!
 
austriacus said:
books12345, I certainly do hope that these words will come true for you, it's quite realistic too. However be prepared that it's about as realistic too that your interview date could conflict with your travel plans. Rescheduling the interview is apparently very difficult and risky, so just keep your travel dates flexible if you can. I was "saved" by an RFE that we responded to just before we traveled, and by the time we were back, the interview notice was in the mail. Good luck!
Click to expand...

You are right, I think I will wait till I receive interview notice and then finalize my travel plan accordingly. Thanks Austriacus.

Also, I am trying to look for I-485 & I-130 status online at USCIS.GOV, it gives me the following message:
"Validation Error(s)
You must correct the following error(s) before proceeding:
Case Status Retrieval Failed
This Receipt Number cannot be found at this time in this automated system. Please check your case receipt number to see if it is correct. If you have questions or concerns about your case status, please contact the National Customer Service Center".

History:
Filed AOS on July 27th based on marraige to USC.
I-485 Notice Date - Sep 4th 07
I-130 Notice Date - Sep 4th 07
I-765 Notice Date - Sep 4th 07
I-131 Notice Date - Sep 4th 07

Finger Printing Done (for I-485 & I-765)- Sep12th 07

EAD Card received - 10/13/07
Advance Parole received - 10/12/07

Any idea what is going on??

Thanks.
 
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