Can I Apply for AP only when needed ?

[dhruva101]

Here is my status:
1. I have H1B,valid upto Nov 2008, reaching 6 yr limit, and currently working on H1B only.
2. Got EAD & AP for me and for family a while back and valid till Sep 2008
3. My employer says, he will sponser either one of the above for me, not for dependents, I.E H1B or EAD & AP.

My current thinking:

Asking employer to sponser H1B for another 3 years and I will pay for EAD Extension for me & Spouse for another year. I will NOT apply for extension of AP.

Reason: As Long as I am on H1B, I can travel using my H1B stamping and by keeping EAD in force, provides me flexibility in switching the jobs.

I understood from reading couple of posts, if I switch to EAD, I can't travel on H1B stamp, right ? . However, my family can still travel on H4B eventhough she is using her EAD.

Now Question:
Can I apply for AP any time while letting the current AP lapse on its own ? I am just thinking of saving $1000 (3 people) by not applying for AP extension.

Since I don't really have any plans to switch the job, why should I apply for AP and keep it ? If I can apply for AP any time, why not apply when I switched the job on EAD.

I request you to share your experience and thoughts on this question.

 

[jk0274]

I understood from reading couple of posts, if I switch to EAD, I can't travel on H1B stamp, right ? . However, my family can still travel on H4B eventhough she is using her EAD.

Absolutely not! If you are no longer in H-1B status (which you won't be if you use your EAD), your dependents will also lose their H-4 statuses (after all, they are in H-4 only because you are in H-1B). They cannot use H4 visas. In fact, it is sometimes questionable if they can use H-4 visas even if you remain H-1B because they are working on EADs - which means that even now they are not in H4 status. But that's a slightly separate matter.

Can I apply for AP any time while letting the current AP lapse on its own ? I am just thinking of saving $1000 (3 people) by not applying for AP extension.

Since I don't really have any plans to switch the job, why should I apply for AP and keep it ? If I can apply for AP any time, why not apply when I switched the job on EAD.

I request you to share your experience and thoughts on this question.

Given the above, you might still consider getting AP for the family if they are working on EAD since they are no longer in H-4 status. In your own case, if you have a valid H-1B stamp (or can quickly obtain one abroad without worrying about visa processing times), you can certainly choose not to apply for a new AP. Nobody really is required to have AP, but it's better to have one (especially for those with no underlying status) in case of emergency travel. In your case, you have an underlying status.

 

[dhruva101]

Thank you Mr. Jk0274.I appreciated your responses and took a note of your opinions. I liked your signature also. Nice to know that you are a positive looking person.

Now, I am seriously thinking of letting my H1B lapse and Extend EAD and AP.

More Questions:

1. Since my employer does not sponser EAD's and AP for my family, is it something I can file myself or Do I need a Lawyer's help ?

2. If I let my H1B lapse, Am I automatically be on EAD with my current employer ? (Currently I am on H1B with my current employer and completes 6 years by Nov 2008).

 

[mmed]

Thank you Mr. Jk0274.I appreciated your responses and took a note of your opinions. I liked your signature also. Nice to know that you are a positive looking person.

Now, I am seriously thinking of letting my H1B lapse and Extend EAD and AP.

More Questions:

1. Since my employer does not sponser EAD's and AP for my family, is it something I can file myself or Do I need a Lawyer's help ? Up to you, many do it by themselves, few through Lawyer (I do not havew statistics for that but this is my guss.

2. If I let my H1B lapse, Am I automatically be on EAD with my current employer ? (Currently I am on H1B with my current employer and completes 6 years by Nov 2008).

Not automatically, you have to fill form I-9 with your employer to change your H to EAD. The employer suppose to send you a message that your H is about to expire and ask you either to extend it or use your EAD or so.

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[jk0274]

Thank you Mr. Jk0274.I appreciated your responses and took a note of your opinions.

A lot of it is not my opinion, it is USCIS rules.

I liked your signature also. Nice to know that you are a positive looking person.

Thanks! I am indeed a positive looking person, although I also am a negative-thinking person, mainly due to my lack of faith in USCIS. It deceives quite a lot of people.

Since my employer does not sponser EAD's and AP for my family, is it something I can file myself or Do I need a Lawyer's help ?

If you can fill out a I-94 form on the airplane, you can fill out form I-765. (Now this is indeed my opinion): Using a lawyer for EAD/AP is a waste of money for you and very easy money for them. All you need to do is know how to write your name, your date of birth, know what sex you are, and remember where you last entered the US and in what status. Oh, and you also need to know how to use a copy machine. That's all there is to it. There is absolutely no reason to pay a lawyer for such a simple task!!

 

[dhruva101]

Thank you Mr.Mmed and JK0274.

Yes. Mr.JK0274, well said !! And You helped me in saving some money..