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Can I change back to H1?
- Thread starter tan_suo
- Start date
No Title
You misunstood what I said.I mean if I use AP and I have to use EAD for working.But before I got result of I485,I will cross 3years H1 expires and do I need to extend H1(Can I switch back to H1).Actually I want to keep H1 in case 485 is rejected and I still be in status.
You misunstood what I said.I mean if I use AP and I have to use EAD for working.But before I got result of I485,I will cross 3years H1 expires and do I need to extend H1(Can I switch back to H1).Actually I want to keep H1 in case 485 is rejected and I still be in status.
depends
I guess this depends on your own choice. When H-1 expires at the end of 3 years, you will need either to use your EAD to keep working or apply for H-1 extension and work on H-1 status. Personally, I think EAD is a safe bet, because if you are out of job before GC approval, you can use EAD to change your job after 180 days, H-1 won\'t do you any good in that case.
I guess this depends on your own choice. When H-1 expires at the end of 3 years, you will need either to use your EAD to keep working or apply for H-1 extension and work on H-1 status. Personally, I think EAD is a safe bet, because if you are out of job before GC approval, you can use EAD to change your job after 180 days, H-1 won\'t do you any good in that case.
Theoritical situations...
Yes I concede that there is a theoritical possibility that when 485 will be rejected you will have H1 to fall back on, as stated in the options floated in the previous discussions.
But the important thing missing is this :- Why would the 485 be rejected in the first place?
If it is for illegal status at any time, then your H1 is not going to save you. The rejection cannot be on reasons of non existing job or improper experience etc. Those hurdles have been overcome in the previous stages Or even if there are questionsfrom INS, RFEs can be properly responded too.
Moreover, since they know you are in H1 already how far are you sure that if and when they reject 485 on a strong reason, that reason is enough to nullify your H1 too and so they will send you back home?
So all depends on what are the possible reasons for 485 rejection? You are the one who has to decide whether being on EAD is risky or not. Unfortuantely most of the 485 rejections have gone back home and we will not know for sure why they were rejected... And what pre-emptive action might have prevented teh rejection...
Yes I concede that there is a theoritical possibility that when 485 will be rejected you will have H1 to fall back on, as stated in the options floated in the previous discussions.
But the important thing missing is this :- Why would the 485 be rejected in the first place?
If it is for illegal status at any time, then your H1 is not going to save you. The rejection cannot be on reasons of non existing job or improper experience etc. Those hurdles have been overcome in the previous stages Or even if there are questionsfrom INS, RFEs can be properly responded too.
Moreover, since they know you are in H1 already how far are you sure that if and when they reject 485 on a strong reason, that reason is enough to nullify your H1 too and so they will send you back home?
So all depends on what are the possible reasons for 485 rejection? You are the one who has to decide whether being on EAD is risky or not. Unfortuantely most of the 485 rejections have gone back home and we will not know for sure why they were rejected... And what pre-emptive action might have prevented teh rejection...
No Title
tan_suo, you can get answers to your questions easily if you take a little more time to go around other groups in this website.
1. If you have already used AP/EAD and work, it means you are working on EAD. Once you start working on EAD or use AP, it means that you are in status of pending AOS to decision which allows to work, and have to wait for INS\'s decision for your 485 application without possibility to switch to any type of other visa. So absolutely, it is IMPOSSIBLE to switch to any type of visa, including H-1B, from EAD. The people who is working on EAD has to wait for decision of 485 to see if he/she can continue to stay in this country as a PR or has to leave.
2. As for which is safer and better, H-1B and EAD, it depends indeed. Some people prefer H-1 under which if the 485 is denied for any reason, he/she can continue to stay in this country and work on H-1 till it is expired, instead of being out of status and having to leave this country immediately, while others prefer EAD that is much cheaper. But question is what you want to do if your 485 is denied even though you can stay and work in US for 1/2/3 years more left for your H-1. That is the only difference, so some people have preference according to their backgrounds, some have not. My personal opinion is that is your own decision, and not a big deal, but EAD is much cheaper. Yet if you hire a responsible attorney who fully understood your case, review your documents and handle the files carefully, the chance your case is rejected is very small now that you have already have 140 approved.
This is my opinion and advice only, consult your attorney for sure. Good luck.
tan_suo, you can get answers to your questions easily if you take a little more time to go around other groups in this website.
1. If you have already used AP/EAD and work, it means you are working on EAD. Once you start working on EAD or use AP, it means that you are in status of pending AOS to decision which allows to work, and have to wait for INS\'s decision for your 485 application without possibility to switch to any type of other visa. So absolutely, it is IMPOSSIBLE to switch to any type of visa, including H-1B, from EAD. The people who is working on EAD has to wait for decision of 485 to see if he/she can continue to stay in this country as a PR or has to leave.
2. As for which is safer and better, H-1B and EAD, it depends indeed. Some people prefer H-1 under which if the 485 is denied for any reason, he/she can continue to stay in this country and work on H-1 till it is expired, instead of being out of status and having to leave this country immediately, while others prefer EAD that is much cheaper. But question is what you want to do if your 485 is denied even though you can stay and work in US for 1/2/3 years more left for your H-1. That is the only difference, so some people have preference according to their backgrounds, some have not. My personal opinion is that is your own decision, and not a big deal, but EAD is much cheaper. Yet if you hire a responsible attorney who fully understood your case, review your documents and handle the files carefully, the chance your case is rejected is very small now that you have already have 140 approved.
This is my opinion and advice only, consult your attorney for sure. Good luck.
No Title
Hi, new_comer
Thanks!It seems that you are not a new_comer and you know a lot.
According to you,one can not change to other status h1 etc. if he is pending in 485.I am wondering about what one can do if one use EAD and 485 got rejected,he/she will immediately leave U.S. or there is chance he/she can switch back to h1 even if his/her 6 years is not used up?
The main concern is who knows one\'s 485 will approved or not. Even if my attorney think it\'s ok, I am a little worried about since there is some charges I got before and later dismissed.
Another question is why you think that "EAD that is much cheaper".What does this mean?
Hi, new_comer
Thanks!It seems that you are not a new_comer and you know a lot.
According to you,one can not change to other status h1 etc. if he is pending in 485.I am wondering about what one can do if one use EAD and 485 got rejected,he/she will immediately leave U.S. or there is chance he/she can switch back to h1 even if his/her 6 years is not used up?
The main concern is who knows one\'s 485 will approved or not. Even if my attorney think it\'s ok, I am a little worried about since there is some charges I got before and later dismissed.
Another question is why you think that "EAD that is much cheaper".What does this mean?