3 Year H1B extension versus EAD

K

kasri

Registered Users (C)
My 6 year H1B period is expiring in Feb 2007. I have an approved 140, pending I-485 under retrogression (see my signature). I am weighing in the option of 3-year H1B extension versus E1B.

1) Is there any particular advantage of being on EAD as compared to H1B while changing jobs or if the company where I work got sold/acquired etc.,

2) If I get 3-year H1B extension and AP, can I travel without getting H1B stamping? Is EAD a pre-requisite for using AP?

I would appreciate any advice. Thanks.
 
kasri said:
My 6 year H1B period is expiring in Feb 2007. I have an approved 140, pending I-485 under retrogression (see my signature). I am weighing in the option of 3-year H1B extension versus E1B.

1) Is there any particular advantage of being on EAD as compared to H1B while changing jobs or if the company where I work got sold/acquired etc.,

2) If I get 3-year H1B extension and AP, can I travel without getting H1B stamping? Is EAD a pre-requisite for using AP?

I would appreciate any advice. Thanks.
Click to expand...

You will get 1 year h1b extension as you were able to file i-485. Those who get i-140 approved and are not able to file i-485 due to retro, gets 3 years h1b extension...
-Dhoom
 
Thanks Doom, I am EB2 India with PD Feb 2003

Thanks Doom, I am EB2 India with PD Feb 2003.

Since the last posted retrogression dates was Jan 2003, don't you think I should be ask for 3-year H1-B extension. My lawyer thinks I can .... but I do not have much confidence on her.
 
Well.I think you can get a three year H1-B extension. I got mine done a few days ago. But I'm confused with this current system of H1B extension when it comes to the duration of a extended H1B.

But as kasri had asked, I would like to know if one can travel on a H1 with a valid AP without any H1 stamping. Can somebody answer that question?
 
My Lawyer says I CAN get 3-year H1-B ....although ...

I just got some additional information from my lawyer. Here is what I found,

1) I CAN file for 3-year H1B extension. However since my PD is Feb 2003, It would make sense to wait till the OCT visa bulletin is release to make sure I am not current :p

2) The only advantage of doing EAD over 3-year H1B is that if I want to change jobs, I do not need the new employer to file for H1B transfer i.e., you can change jobs instantaneously without any worries

3) I can use H1-B in conjunction with my Travel Authorization (or parole) for travelling without getting the H1-B stamping at any US ambassy

4) My wife can stay on EAD even if I get the 3-year H1-B extension

I comments on whether all the information above is accurate or not.

Thanks
 
I agree

Your lawyer is good...I agree with him....

kasri said:
I just got some additional information from my lawyer. Here is what I found,

1) I CAN file for 3-year H1B extension. However since my PD is Feb 2003, It would make sense to wait till the OCT visa bulletin is release to make sure I am not current :p


2) The only advantage of doing EAD over 3-year H1B is that if I want to change jobs, I do not need the new employer to file for H1B transfer i.e., you can change jobs instantaneously without any worries

3) I can use H1-B in conjunction with my Travel Authorization (or parole) for travelling without getting the H1-B stamping at any US ambassy

4) My wife can stay on EAD even if I get the 3-year H1-B extension

I comments on whether all the information above is accurate or not.

Thanks
Click to expand...
 
kasri said:
I just got some additional information from my lawyer. Here is what I found,

1) I CAN file for 3-year H1B extension. However since my PD is Feb 2003, It would make sense to wait till the OCT visa bulletin is release to make sure I am not current :p

2) The only advantage of doing EAD over 3-year H1B is that if I want to change jobs, I do not need the new employer to file for H1B transfer i.e., you can change jobs instantaneously without any worries

3) I can use H1-B in conjunction with my Travel Authorization (or parole) for travelling without getting the H1-B stamping at any US ambassy

4) My wife can stay on EAD even if I get the 3-year H1-B extension

I comments on whether all the information above is accurate or not.

Thanks
Click to expand...

Thanks Kasri.
That answered a lot of my questions too.

The only BIG problem with an EAD is that: *IF* your 485 is denied (AC-21 problems or any other reason), you may go out of status. But again, that's debatable as they say that you are out of status ONLY after 180 days of not holding a visa though I disagree.
Also, I dread the fact of going to an US embassy in India or any other country to get a stamping on the passport for the H1 visa. AP should be a breeze.
 
You should get your H1-B extended and keep filing for EAD/AP as well. That is the safest bet. H1-B would come to your rescue in case you get laid off and/or need to switch a job in an emegerncy situation.

I would get both and then use the H1-B only.

Hope this helps.
-Samer



akilhere said:
Thanks Kasri.
That answered a lot of my questions too.

The only BIG problem with an EAD is that: *IF* your 485 is denied (AC-21 problems or any other reason), you may go out of status. But again, that's debatable as they say that you are out of status ONLY after 180 days of not holding a visa though I disagree.
Also, I dread the fact of going to an US embassy in India or any other country to get a stamping on the passport for the H1 visa. AP should be a breeze.
Click to expand...
 
kasri said:
I just got some additional information from my lawyer. Here is what I found,

1) I CAN file for 3-year H1B extension. However since my PD is Feb 2003, It would make sense to wait till the OCT visa bulletin is release to make sure I am not current :p

2) The only advantage of doing EAD over 3-year H1B is that if I want to change jobs, I do not need the new employer to file for H1B transfer i.e., you can change jobs instantaneously without any worries

3) I can use H1-B in conjunction with my Travel Authorization (or parole) for travelling without getting the H1-B stamping at any US ambassy

4) My wife can stay on EAD even if I get the 3-year H1-B extension

I comments on whether all the information above is accurate or not.

Thanks
Click to expand...
Although you can wait, it may be unnecessary because the USCIS will at least approve one year if 3 years is not eligiable.
 
You must log in or register to reply here.
Top