Can I Apply For New H1b Though I Started Working On Ead

D

dec11thRD

Registered Users (C)
I worked on EAD since 2002.
Due to some compelling reasons my wife went to india with out AP. She never worked on EAD, though she had her EAD.

Now can i apply for H1B for me and ask my wife to come on H4?

If I apply for H1B, when i have my EAD and worked on EAD already for so long...is that going to affect my I 485 process?

Right now my wifes and my case, both are with the local office.

Please help me ASAP.

Thanks
:(
 
As far as I know, once you start using your EAD your H1-B status is no more valid. So, in your case since you have already used your EAD i guess your H1-B status is not valid anymore and thus yuo cannot extend your H1-B.

Only status valid once you use EAD is "I-485 pending/AOS"

I would contact a "good attorney" in this type of situation because its very case specific and a good attorney will be a
best bet.

I'm sure there should be some work around.
What your attorney says?

Hope, this helps!
 
h1b

My guess is if you are waiting for your 140 since more than a year, you can apply for your H-1.


This is just my guess.

-thanks
 
H1B expires if u start using EAD.

You can apply for another fresh one, starting another 6 year period. But for that, u have to be outside the country for 1 year and also get stamping outside.
 
AP

Why don't you just apply for AP and call her on AP. Its must easier and cheaper than the H1B route.

Thanks
 
You are right but as he is in the country...he can send the application to his wife, get the signatures and submit over here. And send the AP in mail.
 
You can definitely extend your H1B from new company where you are working right now provided you dont have H1 from same company earlier. Even though you filled I-9 you can extend/transfer your H1 till expiry of 6 yrs validity. I have done the same thing, thats the reason Im pretty sure abt it.

Law says that, if your 485 gets denied for some reasons, then you have to give up your EAD and can start working on H1B, so having H1 is safe bet.

It is always better if your wife had AP before she left the country and I assumed, she had H4 visa already on her PP, so she can come on the same visa, but again POE officers might denied her entry as you are no longer working on H1B and it gets void once you start working on EAD.

Hope this helps.
 
If you apply for H1 now you need to get stamping done and that will be new H1, which may come under cap. Take action ASAP.

If you wife has degree, then apply H1 for her from any of your known companies. That way you need not get stamping. Only she needs to get stamping. Once she comes here she can be treated as Pending AOS.
Any way you need to act before cap reaches.
 
I enquired Sheela Murthy office regarding this long ago ... I was told that you can always go back to H1 from EAD provided you go out of ther country and reenter in H1-B

I advise you to talk to your lawyer
 
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