Do I need to extend H1 for another 3 years if I have EAD?

B

bkd52

Registered Users (C)
Do I need to extend H1 for another 3 years if I have EAD?

My H-1B visa expires in Dec 2002(first 3 years). I currently have a valid EAD. I filed my I485 in July 2001.

Do I need to extend my H1B for another 3 years? or can I continue to work for my current employer on the basis of EAD without renewing H1B?

I have not changed my I-9 (it still shows H-1B as work eligibility).

Any suggestions are appreciated
:cool:
 
upto you

If you want to use EAD, there is no problem except a small risk that, in case 485 is denied, you will have to leave the country. The unlawful presence start counting from that date.

Also, if you travel, you must use the AP as H-1 will no longer be valid.

Since you have 3 years left on the H-1, it will be much safer to use H-1. The only negative side here is the cost of renewal, but it is worth it, and if the co. is ready to pay, it can't get better than that!:p
 
EAD/H-1

I think it also depends on your situation. Downside to renewing your H-1 is you don't have that much of a flexibility if you loose your job in this economic situation. Being on EAD gives you that flexibility as an employer might be more suited in giving you the nod over an H-1 transfer case. So weigh your options. Good luck !!
 
I'd suggest you do both too.

same situation for me. got EAD and first H1 was expiring. Attorney told me I can have both EAD and H1 but renewing H1 was not necessary. But I decided to go ahead with the renewal anyway. It was forturnate that I made the decision. My 1st EAD expired and my 2nd EAD took much longer than the attorney had expected (and I couldn't get an interim EAD) so I was relying on the H1 to continue to work, else I would have to be off payroll while waiting for the 2nd EAD. With INS, you never know....

-goodday2002.
 
goodday2002____what was the reason for no Interim EAD?

goodday2002 :

Q.1.) What was the reason you could not get an interim EAD? I have heard rumours they have stopped issuing Interim EAD's.
What office did you go to? Dallas?

Q.2.) Also, If you allow H1 to expire while continuing to work on EAD, and then assume disaster strikes and your I485 is rejected, are you out of status? Is the EAD still valid to hold you in legal status?
 
bkd52:

1) My case was a little be complicated. I worked in Texas but my 485 was filed with CSC because my company has a centralized filing agreement with the INS so it can file our applications with any service center. So when I went to San Antonio to get a my interim EAD card, the officer told me they cannot issue it because it's originally processed by CSC. He even told me that there's no such thing called centralized filing agreement. My attorney has prepared a package for me and the agreement is clearly there and it's signed by the director of CSC cc'ed all service center directors. I called my attorney and she asked to talk to the IIO or his supervisor but the IIO refused. My attorney called a couple of senior guys at the district office but they're all out for lunch. She told me that IIOs are not always in sync with the HQ. The IIO didn't even want to look at the memo.


2) If your 485 is rejected, I'm not sure if your EAD will still be valid or not. But EAD is only good for 1 year, so even if (big if) it's not invalidated, you cannot work anymore once it's expired. As for status, I think you can always appeal for your 485 to keep you in status.

-goodday2002
 
You must log in or register to reply here.
Top