After I140 approval, I485 EAD or H1B EAD?

NIWforF1

Registered Users (C)
I am a F-1 student and I concurrently filed NIW 140/485 (DIY) last Sept. The 140 petition was finally approved in June. This forum has been a great help.

I plan to submit EAD application based on the pending 485. Now I have several questions.

(1) I got a job offer and the company will apply for H1-B visa for me. My understanding is that H1-B is a good backup during 485 pending. However, the H1-B visa will not be effective before Oct. 1. If I plan to work before that, I need to have a seperate EAD based on my pending 485. Now I will have two EADs. Is it true that the H1-B automatically becomes invalid right after I use my 485 EAD? Is there any procedure to keep H1-B status even after I use my 485 EAD?

(2) Before my I-140 approval, I have also submitted OPT 765/EAD application. It is still pending. Is it true that the OPT application will be rejected because of my 485 pending? Is there any way to ask USCIS to change the application category from OPT to that based on my pending 485?

(3) How long is the EAD processing time at TSC?

Thank you in advance.
 
EAD processing time should be within a month or so. and Yes! H1B will be invalid the moment you use your EAD card or Advance Parole when entering the united states.
 
garemani said:
EAD processing time should be within a month or so. and Yes! H1B will be invalid the moment you use your EAD card or Advance Parole when entering the united states.

Thanks garemani!

I am still a bit confused. My H1B will become effective (10/1) after I use 485-EAD, so can I switch to H1B on 10/1 by using EAD on H1B approval notice? Or general speaking, can anyone change to H1B status from 485 pending status?

Also, I don't want to confuse INS by filing three EAD application? If I do need to start my work in Sep., shall I ask my company to stop H1B filing if H1 will not make any sense in this way?

Thanks a lot!
 
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