EAD Advice-interesting sitiuation

K

kulbikr

Registered Users (C)
I had a small question regarding the EAD.

I know that once you accept a job on EAD you will lose your H1B status. What if I get my EAD and Take a job on my EAD but my wife who is on her own H1B as of now (who also gets an EAD) cannot find a job in the meanwhile. What becomes of her status. Technically if she leaves her current job to move with me is she out of status since the University will cancel her H1B? Or since she has a EAD she becomes a EAD holder...??? :confused: Since she has not accepted a job yet on her EAD and has left the job of her current H1B...how would the INS know she is still of valid status? Kinda stumped by this one......
 
I think you will have to say that you had a EAD from so and so period.....and that was your status........your status was "waiting for Adjustment".

H1B status is only important if you want to transfer H1B or renew or get a stamp.....this is my opinion, others please comment.
 
Your wife will remain in H1-B status, you will be in "pending 485" status. Nothign to worry about.
 
techy2468 said:
H1B status is only important if you want to transfer H1B or renew or get a stamp.....this is my opinion, others please comment.
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maintaining H1B status is very important to maintain backup legal status in case anything wrong happens with yur I-485.
 
Here is the sitiuation again.

1. Both me and my wife have an EAD card but we dont take up any employment with the EAD and remain on our current H1B status.

2. Two months from now I get a job which requires me to use my EAD. Then my H1B gets invalidated but my wife doesnt use her EAD. She leaves her job and moves with me to the new place but cannot find a job.

MY QUESTIONS:

1. ARE THE 2 EADS (mine and my wife's) MUTUALLY EXCLUSIVE even if she is a dependent?

2. If she just sits at home with an EAD and does not do any work. WHAT IS HER STATUS?

3, IF she has to reapply for an H1B....in case our I-485 gets screwed up....will this period be counted as illegal stay?


:confused:
 
kulbikr said:
Here is the sitiuation again.

1. Both me and my wife have an EAD card but we dont take up any employment with the EAD and remain on our current H1B status.

2. Two months from now I get a job which requires me to use my EAD. Then my H1B gets invalidated but my wife doesnt use her EAD. She leaves her job and moves with me to the new place but cannot find a job.

MY QUESTIONS:

1. ARE THE 2 EADS (mine and my wife's) MUTUALLY EXCLUSIVE even if she is a dependent?

2. If she just sits at home with an EAD and does not do any work. WHAT IS HER STATUS?

3, IF she has to reapply for an H1B....in case our I-485 gets screwed up....will this period be counted as illegal stay?


:confused:
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These are serious and complicated questions. I would ask an immigration lawyer.
 
Here's what I think I know but you might want to double check.

kulbikr said:
Here is the sitiuation again.

1. Both me and my wife have an EAD card but we dont take up any employment with the EAD and remain on our current H1B status.

2. Two months from now I get a job which requires me to use my EAD. Then my H1B gets invalidated but my wife doesnt use her EAD. She leaves her job and moves with me to the new place but cannot find a job.

MY QUESTIONS:

1. ARE THE 2 EADS (mine and my wife's) MUTUALLY EXCLUSIVE even if she is a dependent?

Yes, EADs are independent. You can use your EAD and your spouse can choose not to.

2. If she just sits at home with an EAD and does not do any work. WHAT IS HER STATUS?

She does not even need EAD to sit at home unless she wants to get employed in the future. By applying for adjustment of status she gets legal pending status as long as she stays in the US. But if she leaves the US she is considered to have abandoned pending adjustment status unless she has AP already approved and reenter as a parolee.

3, IF she has to reapply for an H1B....in case our I-485 gets screwed up....will this period be counted as illegal stay?

It will not be considered illegal stay. If H-1B is not immediately available, both you and your wife can be employed using EAD and later change to H-1B status.

:confused:
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SumeetBabu said:
I may not be correct but I think you cannot go back to visa status once you have used EAD or AP.
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If somebody has H1 approval notice from BCIS but no visa stamp in the passport and travel in AP, will his H1 status will be cancelled. Thank you for your thoughts??
 
2006Hunter said:
If somebody has H1 approval notice from BCIS but no visa stamp in the passport and travel in AP, will his H1 status will be cancelled. Thank you for your thoughts??
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u mean to say upon reentry right!!!
answer is no....
 
well, we had short debate in one of the thread here about that.
many had contributed about lawyer's opinion and personal experience.
the conclusions was that yes you can work and i am 100 % sure about it.
but then majority said that as long u are with same employer you are fine.
there were however doubts whether we can work with different employer with h1b.
 
i think being on H1 after using AP is definitely grey area...

but before i assume....can some one answer whether we are given a I-94 even if we use a AP??.....and if they do give I-94 do they write the status on it??
...if we are not given I-94....that means we are no longer in non-immigrant status....if i remember correctly on one of the forms they will ask your last entry status......you cannot say H1 because you used AP (status is pending adjustment)......
 
techy2468 said:
i think being on H1 after using AP is definitely grey area...

but before i assume....can some one answer whether we are given a I-94 even if we use a AP??.....and if they do give I-94 do they write the status on it??
...if we are not given I-94....that means we are no longer in non-immigrant status....if i remember correctly on one of the forms they will ask your last entry status......you cannot say H1 because you used AP (status is pending adjustment)......
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Thank you friends about comments,
Now question coming to my mind is that I am now in H1. I have EB1-EA approved. Now I am planning to visit India in AP. As I have spent only two years in H1, I am trying to keep my H1 till to get GC. Just to keep H1 as a back-up till I-485 approved. I do not want to use EAD now. If I use AP, is it mandatory to use EAD?? Again, if I use EAD, my H1 is gone. What should I do?? Looks like I am putting lot of questions to everybody. Do not mind please!! Thank you for your advice.
 
2006Hunter said:
Thank you friends about comments,
Now question coming to my mind is that I am now in H1. I have EB1-EA approved. Now I am planning to visit India in AP. As I have spent only two years in H1, I am trying to keep my H1 till to get GC. Just to keep H1 as a back-up till I-485 approved. I do not want to use EAD now. If I use AP, is it mandatory to use EAD?? Again, if I use EAD, my H1 is gone. What should I do?? Looks like I am putting lot of questions to everybody. Do not mind please!! Thank you for your advice.
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Hi Hunter,

It is not necessary to excercise your EAD after your foreign return using AP. When you use AP you will be on parolee status and as long as you work with the same employer who sponsored your H-1B you should be fine. You can get back to your H-1B status again once you apply for extension of H-1B. If you are working in the University then you contact your International faculty and student services for their feedback. I AM SURE THAT YOU DON'T NEED TO EXCERCISE YOUR EAD IF YOU USE ADVANCE PAROLE FOR YOUR WORK
 
madgu-gc2005 said:
Hi Hunter,

It is not necessary to excercise your EAD after your foreign return using AP. When you use AP you will be on parolee status and as long as you work with the same employer who sponsored your H-1B you should be fine. You can get back to your H-1B status again once you apply for extension of H-1B. If you are working in the University then you contact your International faculty and student services for their feedback. I AM SURE THAT YOU DON'T NEED TO EXCERCISE YOUR EAD IF YOU USE ADVANCE PAROLE FOR YOUR WORK
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Thank you very much madgu-gc2005,
relax now. is it ok if I change the employer also? i mean in H1?? Thank you for the advice.

2006Hunter (TSC)
-----------------------------------------------
EB1-EA I140, RD 8/10/06, AD 10/03/06
I485??
NIW I140, RD 2/20/06, AD 3/17/06
I485 retrogation
 
2006Hunter said:
Thank you very much madgu-gc2005,
relax now. is it ok if I change the employer also? i mean in H1?? Thank you for the advice.
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I don't think you can change the employer with the same H-1B. If you are planning to move better you do that before you go out of this country so that after you come back you can work with the same employer.

http://www.shusterman.com/cronin51600.html

Read the above cronin memo. That is more authentic from USCIS.
 
madgu-gc2005 said:
I don't think you can change the employer with the same H-1B. If you are planning to move better you do that before you go out of this country so that after you come back you can work with the same employer.

http://www.shusterman.com/cronin51600.html

Read the above cronin memo. That is more authentic from USCIS.
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hello madgu-gc2005,
Thank you for the info. yes, you are right, i have to consider all the rules before visiting India in AP.
 
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