confused like others! EAD,H1?

[ton_ton]

Folks,

As many of you're I am increasingly getting frustated with this slow process (I know, welcome to the club!). I applied for my 485 in November(RD) of 2001.

Quick question though:

1. My H1 is expiring in May and my wife is using EAD. My lawyer wants me to extend H1b now using premium processing (asking me to pay extra $1000!). My present EAD expires in Feb, but I have applied for a replacement in October.

Should I not apply for H1 or just go with EAD(assuming I get one atleast by June). My wife anyway is not on H4 since she has used EAD.

2. Also, I wonder about H1 renewals when lots of folks in my company have been laid off. I work for a big company & Don't know how the LC postings etc. will go. They post in public places.

Appreciate any replies!

 

[c4naperville]

First of all, if you have past 180 days after submitting I-485 application, you are safe on EAD even you change employer. You don't need H1 to work for current employer or future employer.

Second, it is not neccessary to go through premium process even if you decide to extend H1. According to AC21, one could work legally after getting the H1 application receipt which typically takes about 2 to 3 weeks. Lawyer always play safe game.

Last, your wife is ok to work on EAD regardless your status as long as your I-485 is pending.

 

[mhj]

Ton_ton

I may be wrong in guessing this, can you apply for your H1 extension after you have applied for your I 485?

I ask this because INS may take this as a conflict, on one hand you have applied for Immigration i.e. a permanent resident, on the other hand you are filing for H1 extension, which is a temporary work permit.

I guess till your GC comes you will have to keep in extending your EAD.

Again this is IMHO. Please consult with your lawyer for details.

MHJ

 

[plymouth]

hi ext and ead

mhj, it up to one's decision to use a ead or H1. Even if 485 is pending, you can apply for H1 extension. And you can work for the same employer or different employer[under AC21 portability] using EAD too. Filing H1 extension while 485 pending will not create a conflict...

ton_ton.. I agree with c4naperville's second statement about H1 extension!
And your wife's [dependents visa] H4 will not expire untill the primary H1 valid. So even if your wife has used her EAD, she can still use or travel with her H4, if you've renewed it with your H1.