EAD 485 and H1

[hoping4miracle]

I thought that if your EAD expired it did not matter as long as your H1 is still current and you have applied for 485.? Is this accurate?

 

[hoping4miracle]

does anyone know the answer??

 

[tammy2]

I thought that if your EAD expired it did not matter as long as your H1 is still current and you have applied for 485.? Is this accurate?

Provided you never lost your H1 status or Never used the EAD before

 

[eltoro]

I thought that if your EAD expired it did not matter as long as your H1 is still current and you have applied for 485.? Is this accurate?

If you never filled out the form I-9 with "EAD" as a document that shows your right to work in the US *and* never used your Advanced Parole to enter the US then your status is still a "non-immigrant worker" and you can continue to use your H1-B as a basis for work authorization.

 

[CouldNotPost]

If you never filled out the form I-9 with "EAD" as a document that shows your right to work in the US *and* never used your Advanced Parole to enter the US then your status is still a "non-immigrant worker" and you can continue to use your H1-B as a basis for work authorization.

why the link to AP ? moreover, doesn't H1 permit dual-intent ?

 

[eltoro]

why the link to AP ?

Because when you enter on your Advanced Parole you are PAROLED into the United States, not ADMITTED. Therefore if you use your AP to enter the US your status changes from a non-immigrant to a adjustment applicant (immigrant). Moreover, should you decide later-on to enter on your H1-B, INS might consider your I-485 application abandoned!

doesn't H1 permit dual-intent ?

Of course, it does. But you cannot have two statuses at once. You are either a non-immigrant worker (H1-B) or an adjustment applicant. Once you switch your status to adjustment applicant you cannot switch back without risking throwing away your adjustment application.

 

[Mad Par]

I think you are not completely right eltoro...You can infact use ur AP to travel and use the H1 to work. I have seen numerous posts regarding this. I believe couldnotpost in right what he said...

Madhav

 

[reddymade]

your H1 is still valid Please Read the following

Mr. Eltoro please don't make those assumptions by urself, if you know what ur saying is right then please provide the links.

Here it is, you h1b is still valid even after you have used AP while AOS pending:

http://www.immigrationlinks.com/news/news301.htm

http://www.murthy.com/UDnewins.html

http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html

http://www.shusterman.com/hl-99regs.html

**********

Good Luck.

 

[eltoro]

reddymade, Mad Par:

I stand corrected. This is essentially what I heard from my lawyer - and that's what I relied upon when posting that info. As I was in this particular situation (H1-B still valid, AP received), I asked my lawyer to tell me which I should use. He told me to stay as long as possible on H1-B, and use it on the border to enter, otherwise my status would change to an adjustment applicant - just by using AP to enter the US.

I think what my lawyer tried to convey is to use H1-B whenever you enter the US while you can. That is until you switch jobs/get some extra part-time employment etc.

 

[Mad Par]

eltoro - the law says u can do it. maybe ur lawyer wants to be extra careful.

either way...lets not fight over this...as the rule permits AOS applicants to use H1b to work using that as it is dual intent...there shouldnot be any link to AP...as long as the AOS applicant used only H1b to work (without ever applying for EAD or use the applied one)..he should be ok...

Madhav

 

[laava]

Anyone knows if one can apply for a H1 if he is using 485-based EAD? And how to switch from AOS to H1/AOS?