Continue on H1B or apply EAD and AP

[ash-eb1]

Dear Friends

As you know my EB1A was proved after REF from TSC, on sept 3rd, 2007. Since EB1 is current in october. I am in delima wheter i should file EAD (as now there is no renewal fee every year,i.e $1000 one time)) and AP as well . Both I and my spouce are on H1B for last 1 year (i.e 5 more to go).

EAD might be helpful if i plan to chnage my university later, or do research in a company.

any comments will be appreciated.

 

[madmonkey]

Applying EAD/AP is different from using it...if you can spend the money, it is better to apply and keep it as back up. Only if you use it (show it to your employer and have him do I-9 on EAD), then you lose your H1. Then, should your 485 ever be denied, you will be out of status. I am not clear on AP: that is, if you use AP to come back into US after travel, does that imply you lose your H1? Any one asnwer this? Thanks.

 

[lakksh]

Dear Friends

As you know my EB1A was proved after REF from TSC, on sept 3rd, 2007. Since EB1 is current in october. I am in delima wheter i should file EAD (as now there is no renewal fee every year,i.e $1000 one time)) and AP as well . Both I and my spouce are on H1B for last 1 year (i.e 5 more to go).

EAD might be helpful if i plan to chnage my university later, or do research in a company.

any comments will be appreciated.

Well..under new fees, its one fee for AOS, AP and EAD. There is no harm in applying for AP and EAD along with your -485 application, but using the EAD will automatically remove you out of H1-B status.

I have heard from conference calls hosted by Rajiv, if one's I-485 is denied who is on EAD and held H1-B previously, will be out of status but can re-apply for H1B (does not come under annual cap) if you were holding the respective H1B. I am not 100 % sure about it, others can express their opinion on this.

 

[2464]

Hey guys
I am new. Can any body explain why would 485 be denied? I guess 140 is crucial, If your credentials and Medicals are good why would it be rejected? Is there any hardle in it too?
Thanks

 

[TAJ MAHAL-2007]

Hey guys
I am new. Can any body explain why would 485 be denied? I guess 140 is crucial, If your credentials and Medicals are good why would it be rejected? Is there any hardle in it too?
Thanks

sometimes I485 denied if your job duty is different than when you filed I140. Of course one may get RFE for that. there could be other reasons, other members may share.

Keeping an EAD is good for getting job in a company due to H1 cap.