Advise Please !!!!

[clear485]

Hi,

I need your advise.....

My H1b expires in 2 months.... still 1.2 more years left to reach 6 yr limit...
I have EAD, but not using it.

In this situtaion, which is good (either to apply H1b extension for 3 more years since my I-140 has been approved OR start working on EAD) ?

Could all please let me know your suggestions !!!!

Thanks

 

[H1toGCard]

Always use H1 as much as possible, until you get the 485 approved, but it is your compulsion to change job or something and you have to use EAD, then use EAD.

Otherwise, if i were you, i would use H1 as much as possible. If god forbids and your 485 is denied, you will be out of status immed and it lots of paper work to come to H1 again, very difficult.

Good luck.

Hi,

I need your advise.....

My H1b expires in 2 months.... still 1.2 more years left to reach 6 yr limit...
I have EAD, but not using it.

In this situtaion, which is good (either to apply H1b extension for 3 more years since my I-140 has been approved OR start working on EAD) ?

Could all please let me know your suggestions !!!!

Thanks

 

[clear485]

Always use H1 as much as possible, until you get the 485 approved, but it is your compulsion to change job or something and you have to use EAD, then use EAD.

Otherwise, if i were you, i would use H1 as much as possible. If god forbids and your 485 is denied, you will be out of status immed and it lots of paper work to come to H1 again, very difficult.

Good luck.

Thanks for your response.
But in this scenario (retro back too long)..if I start work on EAD then I might save the remaining 1.2 yrs H1B time know...

Working on EAD

1. I can save 1.2 yrs and use them if I-485 is denied (by changing status to H1B from AOS)
2. We can change jobs by using AC-21....

Working on H1B

1. We'll not loose our status (but what after completing 6 years) in case I-485 denied ?
2. Have to get visa if we travel out side US.

Plz comment on this.....

 

[Apollo_13]

You cannot go back to H1b if you have started using your EAD.

Even if I-485 is denied, you can appeal/motion to reopen your denied I-485 and still apply for H1 extension.

Best thing would be to continue on H1b as long as possible.

If you like your employer, want to continue with him for some more time, he is ready to pay for your H1 extension, then go for H1 extension.

Or, If you don't like your employer and you have to change your employer, then you will have to use EAD to jump to a different employer.

 

[clear485]

You cannot go back to H1b if you have started using your EAD.

Even if I-485 is denied, you can appeal/motion to reopen your denied I-485 and still apply for H1 extension.

Best thing would be to continue on H1b as long as possible.

If you like your employer, want to continue with him for some more time, he is ready to pay for your H1 extension, then go for H1 extension.

Or, If you don't like your employer and you have to change your employer, then you will have to use EAD to jump to a different employer.

You mean we can apply H1B extension while I-485 in MTR !!!
So no where we can use this 1.2 yrs left to complete 6 yr cycle after 485 denied if any....

 

[venkat04]

Thanks for your response.
But in this scenario (retro back too long)..if I start work on EAD then I might save the remaining 1.2 yrs H1B time know...

Working on EAD

1. I can save 1.2 yrs and use them if I-485 is denied (by changing status to H1B from AOS)
2. We can change jobs by using AC-21....

Working on H1B

1. We'll not loose our status (but what after completing 6 years) in case I-485 denied ?
2. Have to get visa if we travel out side US.

Plz comment on this.....

Once you use EAD, you can't go back to H1.
Per Apollo_13 advise; try to maintain H1 as long as you can or at least until approval of I-140.

If you want to switch job, you can do it without using EAD. You can transfer you H1 beyond 6 years using your labor for 7th or 8th H1….so on.. extensions with another employer until your I-485 got approved.

Only thing is you have to spend lot of money for your H1 extensions. If your employer sponsor and spend the money for you try to be stay on H1.

What I am trying to say is…. You are not going to loose your options to switch jobs while you are in H1 even beyond 6 years if money is not a problem.