Advice on Usage of EAD or H1?

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GC12301975

Registered Users (C)
HI Folks,

I have applied for I140/485/EAD/AP on 26thMay 2004 and am expecting EAD (myself and spouse) in the next two months.

I was going through the questions posted by you awesome people and was curious of knowing about some facts.

1. what is the difference between H1 and EAD?
2. Is there any disadvantage of shifting the status to EAD from H1 as soon as we get it?
3. My wife is on H4 now and is currently pursuing her Masters now. She is planning to join as an Intern once she gets the EAD? Can she do that?
4. I read that some people are still on H1 even after their EAD is approved? why is it like that? They can save their H1 period by shifting to EADs..right... would there be any problems in future if we change our status to EAD?
5. what is the procedure to change our status from H1 to EAD? One of my friends said that once we apply the EAD and it is approved, USCIS automatically assumes that we are on EAD and revoked our H1. Is this true?
If this is true, then I read that some people are still on H1 even after their EADs are approved. How is that possible?
6. Once USCIS send us EAD approvals or EAD cards (dont know for sure how a EAD looks like), do we need to inform USCIS that we are changing our status from H1 to EAD or do something like getting stamped in the passport ( not aware of the process).

Please share your knowledge with me.

Thanks in Advance.
 
GC12301975 said:
1. what is the difference between H1 and EAD?
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H1 is the non-immigrant visa. EAD is a temporary document that allows you to work while your AOS is pending. If AOS is denied, you cannot use EAD and are out of status.
2. Is there any disadvantage of shifting the status to EAD from H1 as soon as we get it?
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If AOS is denied, you cannot use EAD and are out of status. In this case if you continue on your H1, you can continue for the validity of H1 and file a new LC, whatever.
3. My wife is on H4 now and is currently pursuing her Masters now. She is planning to join as an Intern once she gets the EAD? Can she do that?
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YES.
4. I read that some people are still on H1 even after their EAD is approved? why is it like that? They can save their H1 period by shifting to EADs..right... would there be any problems in future if we change our status to EAD?
Click to expand...
You can either save your H1 time or take the risk and hassle of renewing EAD every year on time, and if denied for AOS, pack your bags and leave.
5. what is the procedure to change our status from H1 to EAD? One of my friends said that once we apply the EAD and it is approved, USCIS automatically assumes that we are on EAD and revoked our H1. Is this true?
If this is true, then I read that some people are still on H1 even after their EADs are approved. How is that possible?
Click to expand...
You need to provide a new I-9 form to your company .. remember this form which asks you documents that authorize you to work here (either a non-immigrant visa / EAD / or US Citizenship). Fill a new I-9 and state that you will use EAD. What your friend is saying is b***S***
6. Once USCIS send us EAD approvals or EAD cards (dont know for sure how a EAD looks like), do we need to inform USCIS that we are changing our status from H1 to EAD or do something like getting stamped in the passport ( not aware of the process).
Click to expand...
Nope.
 
Adding one more to dazzling's explanation to your last question.

EAD looks exactly like your Drivers Licence with your photo embossed on it and also the validity of the EAD(usually 1 year).

Want GC Soon
 
Advice on using EAD or H1.

Once you convert your status from H1 to EAD and if at all if 140 or 485 is rejected, is there no way to shift back to H1 again? then what is the use of converting our status from H1 to EAD and saving our H1 period??? Makes no sense to me.
 
GC12301975 said:
Once you convert your status from H1 to EAD and if at all if 140 or 485 is rejected, is there no way to shift back to H1 again? then what is the use of converting our status from H1 to EAD and saving our H1 period??? Makes no sense to me.
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People save H1B time so that they can apply for a new H1. Once on EAD, you cannot transfer the existing H1. But of course if your AOS is rejected, you can get a new H1B for the remaining period from 6 years, if any.
 
Responding to your question:

Once you convert your status from H1 to EAD and if at all if 140 or 485 is rejected, is there no way to shift back to H1 again?

==> Yes, you can go back to H1B, but this time you need to leave US immediately and then file for H1B using premium processing and note that you now come under a new H1B and not a change of status or extension of H1B anymore. Get it stamped in India and this time you have lot more chances of screwing your life because you have already shown immigrant intent and now that you are going back to non-immigrant status.

Then what is the use of converting our status from H1 to EAD and saving our H1 period??? Makes no sense to me.

==>You dont need to change to EAD if you have a good job now and as long as you get your GC done or even after getting GC you can still continue to work with the same employer.

A person goes to EAD status only if none of the above falls under his visibility.

It does make SENSE if a person is willing to do it provided that gives him a comfort level. Your H1B period being saved comes to picture only when you still want to come here to US again and that could be done only if you have any H1B left.

Hope this answers.

Want GC Soon
 
Want GC Soon said:
Get it stamped in India and this time you have lot more chances of screwing your life because you have already shown immigrant intent and now that you are going back to non-immigrant status.
Want GC Soon
Click to expand...

That is not a correct assumption. H visa is a non-immigrant visa, but it allows for dual intent, unlike B and L visas, you will not be in a soup if you show immigrant intent on H visa.
 
Given these discussions, it doesnt appear that there is an advantage of using the H1 over EAD if the H1 is a 7th year extension, is there? because, if the AOS is rejected, the H1 extension is rejected, and one is out of status anyway, (just as with AOS rejection on an EAD)...correct?

Or could the 7th year H1 be valid and used to transfer to another job? (my understanding is that you can't do this)
 
I understand that H visa is a dual intent. Inspite of being dual intent, he has clearly showed that his intent was becoming an immigrant. Since he has already shown for being Immigrant, his intention of H1B(Non immigrant) would always add a value that he is going to be a prospective immigrant.

Tell me, what you would answer to this question.

"Has anyone on your behalf filed for Immigrant Petition in USA"?
Would you write NO, after working on EAD or after filing 485?

You cant write YES, if you write YES, then it clearly shows that you had intention to be an Immigrant.

So that would definitely pose a problem. I have seen two guys who have had problems and had never got their visa back to US and now they have settled down in India as they know that the struggle is not worth it.

Want GC Soon
 
Sertra2002,
Are you sure of that. Immigration officers at consulate have the discretionay powers to reject or to grant.So unless you have an sure shot case,one cannot speculate what the officer might have on his mind.
Just my 2 Cents.
 
FYI.. Immigration officers have every right to reject a case. Even an Immigration officer at the port of entry/Canada/Mexico Border can still stop you from entering US, even if you have a valid visa.

US Dept of State has given every power to stop anyone provided they find him unadmissable under US laws.

Want GC Soon
 
Want GC Soon said:
Tell me, what you would answer to this question.

"Has anyone on your behalf filed for Immigrant Petition in USA"?
Would you write NO, after working on EAD or after filing 485?

Want GC Soon
Click to expand...

I would answer Yes and give the correct information. As I said H1 is dual intent.

What part of 'dual intent' are you not undertstanding ? You are not PENALIZED or rejected if you show the intent to immigrate while on H visa. If that were the case all of us on H1 who have applied for GC's would always get a rejection on our stamps once we went for visa stamping for the H1 extension.
 
astreix said:
Sertra2002,
Are you sure of that. Immigration officers at consulate have the discretionay powers to reject or to grant.So unless you have an sure shot case,one cannot speculate what the officer might have on his mind.
Just my 2 Cents.
Click to expand...

Yes, I am sure about the dual intent. What I said was your visa will not be rejected based on the fact you shoowed intent to immigrate. Ofcourse, the officer has the discretion to deny for many other reasons, but that was not the point of the discussion.
 
ascii_boston said:
Given these discussions, it doesnt appear that there is an advantage of using the H1 over EAD if the H1 is a 7th year extension, is there? because, if the AOS is rejected, the H1 extension is rejected, and one is out of status anyway, (just as with AOS rejection on an EAD)...correct?

Or could the 7th year H1 be valid and used to transfer to another job? (my understanding is that you can't do this)
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HI Ascii,

I was curious whether the dates posted by you "EAD AD 06/26/04" is your EAD Approval date. If so, MY ND date for EAD is 05/26/04 which is a day after your ND. But there is no sign of EAD of mine till now.
 
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