AC-21 H1 vs EAD Question

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psr1

Registered Users (C)
My I-140 was approved in April 2004 & 485 has been pending almost 11 months now. I am considering changing jobs to similar position. The impression I got from the posts was that it would be safer to do a H1 transfer/extension rather than start working on an EAD. 6 years of H1 end in Sep 05.

1. How would my new employer apply for H1 7th yr extension since they did not file original labor & I-140? I do have a copy of my labor used for GC (PD-May 2002).

2. After my H1 ends in Sep 05, can I stay & work in US based on a pending 485 application using EAD/AP?

3. My wife has already used her EAD to work on an internship. Once you use EAD, can you get back to H-4 if the need arises?

Thanks for your response
psr1
 
psr1 said:
My I-140 was approved in April 2004 & 485 has been pending almost 11 months now. I am considering changing jobs to similar position. The impression I got from the posts was that it would be safer to do a H1 transfer/extension rather than start working on an EAD. 6 years of H1 end in Sep 05.

1. How would my new employer apply for H1 7th yr extension since they did not file original labor & I-140? I do have a copy of my labor used for GC (PD-May 2002). -------------- As long as your sponsoring employer(who filed 140 dosent revoke it then you can use the pending/approved I-140 as the basis for the extension.

2. After my H1 ends in Sep 05, can I stay & work in US based on a pending 485 application using EAD/AP? ------------ Yes you can

3. My wife has already used her EAD to work on an internship. Once you use EAD, can you get back to H-4 if the need arises? Yes as long as you are on H-1 she can, but to get back to H-4 she will have to go out of the country and get a new visa stamp and I-94 with H-4 on it.

Thanks for your response
psr1
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ok- so on top of this thread i have some questions- If you can return to H4 status after using EAD by leaving hte country, how do they know when your status changes.
For example, once you begin using an EAD you are no longer on H4 status, but if you last manner of entry into the country was H4, then you start working, then stop- how do they know the dates you were working.

Also, poster mentioned that wife was an intern- surely this doesn't count as work?- I though only proper 'employment' not internships or university stipends counted. Otherwise I may be in trouble :(

anybody offer advice?
 
jacquelina said:
ok- so on top of this thread i have some questions- If you can return to H4 status after using EAD by leaving hte country, how do they know when your status changes.
For example, once you begin using an EAD you are no longer on H4 status, but if you last manner of entry into the country was H4, then you start working, then stop- how do they know the dates you were working. ---------When you take up an employment then your employer will make you fill I-9 ( Employment Eligibility Verification ) form. In that form you have to specify the documnet used for eligibility in this case EAD and the possible A# and SSN. When you put your SSN and earn income it gets reported to IRS and USCIS gets a report of this as the SSA maintains the database of all the people who took SSN and they also need a eligibility certificate like EAD card. This is how USCIS will find out.

Also, poster mentioned that wife was an intern- surely this doesn't count as work?- I though only proper 'employment' not internships or university stipends counted. Otherwise I may be in trouble :(
If you are on F-1 then you you are ok to receive stipends/internships but not when you are on EAD.anybody offer advice?
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My thought is that an intership at a company or a stipend from a university is like temporary employment. You should be able to use an EAD for that. My wife got her SSN before she started on her internship.

I suppose it would be legal for my wife to stay here based on pending 485 until 485 is adjudicated. Since she has used her EAD, she is no longer considered H4. Her status is really 485-AOS. She has to use AP to re-enter the US. If I get my H1 extended into the 7th year, she can switch to H4 if there are any problems with 485.
 
ok- so after employment has stopped, then H4 EAD user would need to leave country to avoid being out of status- then reenter on H4 right?

I wonder what my status will be now then? I don;t remember filing an I-9 for my university, but I believe they took a photocopy of my EAD. Oh well, there is nothign I can do about it now.

to psri, if there is any 'problem' with I-485, I don't know if wife would be able to re-enter under H4 status-I imagine that as you are able to return to H1-B based on extension than wife can do that too, but I don't know about after H4 has expired. Doesn't she have to file extension at same time? can anyone answer specifics?
 
jacquelina said:
ok- so after employment has stopped, then H4 EAD user would need to leave country to avoid being out of status- then reenter on H4 right?
Click to expand...

No. They would be in status based on the filed I-485, working or not.

Doesn't she have to file extension at same time? can anyone answer specifics?
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The wife doesn't need to file an extension. She can always return to the US with proof of marriage and proof that the husband is in H-1 status, and maybe a visa stamp.
 
TheRealCanadian said:
No. They would be in status based on the filed I-485, working or not.
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sorry to ask again- but what I meant was if wife has entered the US on H4, with H4 stamp and I94 in passport- then starts working using EAD.

Then she stops working- but does not leave country for new H4 stamp- what then?
 
jacquelina said:
sorry to ask again- but what I meant was if wife has entered the US on H4, with H4 stamp and I94 in passport- then starts working using EAD. Then she stops working- but does not leave country for new H4 stamp- what then?
Click to expand...

Same as I said earlier - the pending I-485 would keep her in valid status. How else would she have the EAD?
 
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