Hello everyone!
Currently, I am working with my H1B (9th year) and I plan on renewing it if needed but here is the big question, if I don't want to renew my H1B -
Which EAD to use? (I have Employment based EAD and Family based EAD) -
If I use employment based EAD, then the family based GC process shuts down?
If I use family based EAD, then the employment based GC process shuts down?
What about renewals? Do I have to renew both of the EADs?
Because of this confusion, I am still on my H1b - keeping both the AOS alive.
What about you guys - which EAD are you using?
I don't think it matters which EAD you apply for. It should not affect your other GC application. EAD for post-2007 485 applications is free. So, it makes sense to apply for FB EAD.
I don't think it matters which EAD you apply for. It should not affect your other GC application. EAD for post-2007 485 applications is free. So, it makes sense to apply for FB EAD.
The reason I asked is because the employment based EAD has the receipt # of Employment based I485 and Family based EAD has the receipt # of Family based I485. I remember asking this question to the IO and he told if I use the EAD (FB based) then the employment based GC is closed and possibility vice-versa
EAD is issued for a pending I485. Applying is free but renewing is not free - costs around $300 or so
Confused.
The reason I asked is because the employment based EAD has the receipt # of Employment based I485 and Family based EAD has the receipt # of Family based I485. I remember asking this question to the IO and he told if I use the EAD (FB based) then the employment based GC is closed and possibility vice-versa
EAD is issued for a pending I485. Applying is free but renewing is not free - costs around $300 or so
Confused.
During my wife FB interview at Santa Ana, CA, the immigration officer pointed out that my wife last H1B (expired in Jan 2008) was not renewed and thus my wife has been out of status since (from Jan 2008 to Feb 2010). My wife’s employer applied for EB I-485 in July 2007, and she has 3 EAD from that sponsorship. I sponsored her with my US citizenship in Feb 2010, and she has 1 current valid EAD from that as well. I am not 100% sure if the out of status statement is accurate. But, the fact that the officer pointed that out make my wife do not want to travel outside US with her advance parole (she got it through my sponsorship). I asked the IO - what if the travel is emergency (i.e.: my wife grandparents is sick). He said, there is a probability of yes and no entry. I am sharing this as point to consider if you are deciding to renew or not renew your H-1.
During my wife FB interview at Santa Ana, CA, the immigration officer pointed out that my wife last H1B (expired in Jan 2008) was not renewed and thus my wife has been out of status since (from Jan 2008 to Feb 2010). My wife’s employer applied for EB I-485 in July 2007, and she has 3 EAD from that sponsorship. I sponsored her with my US citizenship in Feb 2010, and she has 1 current valid EAD from that as well. I am not 100% sure if the out of status statement is accurate. But, the fact that the officer pointed that out make my wife do not want to travel outside US with her advance parole (she got it through my sponsorship). I asked the IO - what if the travel is emergency (i.e.: my wife grandparents is sick). He said, there is a probability of yes and no entry. I am sharing this as point to consider if you are deciding to renew or not renew your H-1.
If I use my employment based EAD for a new job then I will have to notify USCIS/file AC21 but if I use FB based EAD then I don't....there is surely difference. Are there any repercussions?
During my wife FB interview at Santa Ana, CA, the immigration officer pointed out that my wife last H1B (expired in Jan 2008) was not renewed and thus my wife has been out of status since (from Jan 2008 to Feb 2010). My wife’s employer applied for EB I-485 in July 2007, and she has 3 EAD from that sponsorship.
Even if you use the FB EAD, you still have to file AC21 if you want to keep the EB I-485 alive if the employer asks USCIS to revoke the I-140.
Only if the employer gets USCIS to revoke the I-140, and you don't have AC21 to counteract the revocation.Thanks Jack - So if I don't file AC21, then my EBI485 file is closed. Correct?
No, your employer halting your EB case won't affect your FB case, provided that you have EAD/AP for the Family based so your employment and travel doesn't get messed up by the employment-based case dying.Any impact on the FBI485?
Did you counteract the IO's statement by pointing out that the EB I-485 was filed before her H1B expiration, and that she has had valid EADs ever since? Perhaps the IO was not aware of those facts.
He does have a point there. They almost always grant the AP even though it is useless for some individuals. I think they secretly want people who have been here illegally or are otherwise inadmissible to take the AP (with a false sense of security) and leave the country so they can refuse them entry, rather than having to deport them or forgive their overstay.Thanks Jack for assurance on travel. I concur on your assesment. I also remembered telling the officer, if my wife is out of status, then why USCIS approve her Advance Parole at all. It is like giving it out but you can not really use it to enter - it is useless then. He explained that USCIS always granted every one AP.