Company is not planning to exetend H1 because applied for EAD -Jim Mills and other gurus please advi

J

jsj123

Registered Users (C)
Folks,
I have applied for I 485 along with EAD and AP in mid April. Now my H1 is expiring in August. When I contacted my company\'s immigration dept they are saying that I don\'t need to apply for H1 extension as I will get my EAD before my H1 expires. I know this is ok but not the safest condition. Can anybody tell me good reasons to apply for H1 even if I get EAD so I can convince my company??? I badly need help.

Thanks and regards
 
It is ok to not apply for H1 extension.

You said you apply mid April so if you don\'t get you EAD by mid July you can go to the local INS and get the Interim one. They can give you this one right at the spot.
The law says if you don\'t get the EAD in 90 days you can get the interim while you are waiting for the real one. You are more than safe.

Remember I am not a lawyer.
 
Here is a reason

If you let go of your H1 status, you will have problems only if your I-485 is denied. However, it is rare to deny unless there is some criminal background, fraud in the application or applying before the priority dates are current. I assume that you are a normal 485 applicant like all of us here and so there should be no problems being on an EAD. The only disadvantage with H1 is that you have to get your passport stamped with a visa.
This is just from my experience and not a legal advice.
Hope this helps.
 
possible reason..

and all immigration gurus out there correct me if i am wrong..

If you are single, you can tell HR that you are looking to get married soon and would like to bring your wife on H4 visa.. and since there is no dependent category on I-485 but only a "follow to join", tell them you do not want to do that

if you are married then you need another reason.. this won\'t work sorry!
 
Thanks guys for response but one more crucial point I thought

Thanks all for your reply. Unfortunately I am married :( so I can\'t use that weapon but here is my main worry what if my EAD expires after one year and still my 485 doesn\'t get approved by that time. Because my I 140 was approved for CP and now I applied for AOS this will add more delay as per many others\' experience. In that case can I extend H1 after EAD expires ?? Please help guys.

Thanks and regards
 
You can always apply for a renewal of EAD before 90 days of Original EAD\'s expiration.

 
 
You must log in or register to reply here.
Top