EAD and H-1

[laava]

Here's my detail.
Currently I'm working of a EAD based on F-1 OPT, which will expire in June 2004. I just applied a EAD based on pending I-485 in January, 2004 (self-pertition). My employer is also applying an H-1b through regular approach (non-premium processing). Seems I will get the 485 based EAD before I get the H-1. If by the time of June, I still didn't get H-1, I will use the 485 based EAD.

So my question is, if I use my 485 based EAD and later got approved of H-1, can I switch from AoS to H-1?

Gurus, please help!

 

[gingibi]

As soon as you use EAD for work, you will cancel your H1B status and become an Adjustee Applicant. (Note: Having an EAD but not using it for work, does not affect the dual intent and the H1B is still valid)

Pros: At this point the ticking clock of the H1B 6 years stops and the remaining time could be used in the future for new H1B if needed. You can not switch back from EAD to the old H1B, but you could get a new H1B for the remaining time if your I-485 is denied.

Cons: You must use AP to enter back when traveling outside the country, your H1B could not be used for entry as it is going to be invalid. You will need to apply multiple times for EAD and AP while waiting for the I-485, as these are currently valid only for a year.

 

[laava]

Currently I'm on F-1 and is applying for both a 485 based EAD and H1b.

I understand that once I use my EAD, my status will be AoS. However, if a H1b comes later, can I switch from AoS to H1, which is new?

 

[Mad Par]

read thru the thread

H1B/EAD please advise...

kalki, bajis and others have some info u might want to know..

Madhav