EAD & H1B Limit **HELP**

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paul39_us

New Member
I got my EAD in april 2000. I am not using my EAD. My h1 is expiring early 2001. I can extend my h1 for another 4 months till June 2001. How can i make sure that i don\'t use my h1 time and use only EAD? I am not very sure about my current job. I may have to leave the job after a year. It will take more than a year for my dates to become current. In case something happens, i want to save my remaining 9 months of time in my H1B and go back to h1b with some other company. How do i do it? Is there any way to indicate to INS that i am working on EAD and not on H1B? How do i preserve my h1 time during my EAD usage?

Thanks in advance for your help.
 
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You got ur EAD while filing I-485 right? what do u mean by saying you have to wait 1 yr for your date to become current?
 
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Like debo_nair said, I assume that you got your EAD through your I-485 application (which means you are adjusting your status to immigrant). I\'m not a lawyer, and I may be wrong, but this is my understanding of your situation... I think you may be confusing your "time" on your H-1B, as you said, and working using your EAD. In counting the total length of time on an H -1B visa, I don\'t think INS cares whether you are using your permit to work via your H-1B status or your EAD. They count the "actual" length of time of your stay or "status" in the U.S. on H-1B category, whether you\'re working or not, or whether you\'re using your EAD. Unless you can change your "status" to another non-immigrant category (e.g., student, tourist, etc.), then your H-1B time is running. But I think there are certainly other ways of staying in the U.S. while waiting for your adjustment. I have read from another lawyer\'s FAQ that even if I-485 is already filed, once the 6 years have expired, the non-immigrant worker has to leave the country, or change to another non-immigrant category. Check http://usvisnews.com/ for their FAQs or you can also post a question there and their lawyers will respond to your question. And another note... If you\'re thinking of changing to another non-immigrant category, make sure your application has been received by INS before your H-1B status completely expires to make sure that you don\'t lose your legal status here in the U.S. You might want to do this 3 to 4 months ahead. And you might want to consult with your lawyer about this. Good luck!
 
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