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EAD and H1 Question
- Thread starter vahope4gc
- Start date
1. EAD approval does not change your status. You still on H1 until you use the EAD for employment.Originally posted by vahope4gc
My I-140 and I-485 are pending and I am on H1 Visa valid till 2005.
I am thinking applying for EAD and I need help for following concerns
1. What will be my status after EAD approval
2. What if my I-140 id denied but I didn't use EAD and still using H1
Thanks
2. That's why it is preferable to stick with H1 as long as possible - in such unfortunate case as I-140 rejection or revocation you have a chance to find a new employer and go for H1 transfer. But if you switch to EAD, you will need to apply for a new H1, with few months waiting and subject to a H1 cap.
2. That's why it is preferable to stick with H1 as long as possible - in such unfortunate case as I-140 rejection or revocation you have a chance to find a new employer and go for H1 transfer. But if you switch to EAD, you will need to apply for a new H1, with few months waiting and subject to a H1 cap.
Can you please shed some light when one switches to EAD and wants to go back to H1? Is he still subject to cap, even though he holds prior
H1's(now expired) ? Won't this be an H1 transfer case ?
Thanks
Can you please shed some light when one switches to EAD and wants to go back to H1? Is he still subject to cap, even though he holds prior
H1's(now expired) ? Won't this be an H1 transfer case ?
Thanks
Well, I am not a lawyer, but that's what I was told by my company's legal department. From the first day of employment based on EAD the H1 visa and status are invalid. Means there is nothing to transfer anymore, and new H1, if needed, should be obtained from scratch, with all implications.Can you please shed some light when one switches to EAD and wants to go back to H1? Is he still subject to cap, even though he holds prior
H1's(now expired) ? Won't this be an H1 transfer case ?
Thanks [/B]
This seems to be common problem for many people who are
in AOS and having issues with employment or EAD delays.
http://www.immigrationportal.com/showthread.php?s=&threadid=111036
in AOS and having issues with employment or EAD delays.
http://www.immigrationportal.com/showthread.php?s=&threadid=111036
Last edited by a moderator:
EAD usage
Guys,
Have a question regarding EAD usage.
How do INS know that I am using EAD. Becasue in I-9 form you fill dont go to INS. I check the form in INS website and it says "do not send this form to INS". So how do I INS know you are using EAD?.
My situation is Company A H1B six years expires on March 2004 and I got EAD just now from Company B based on future employment. Now I am going to join company B and I asked company B to file my seventh year extension so that INS will know that I am working for Company B. So this way I wont be getting any queries on I140 and I485 because inital filing was done based on future employment.
Am I right on this?
Guys,
Have a question regarding EAD usage.
How do INS know that I am using EAD. Becasue in I-9 form you fill dont go to INS. I check the form in INS website and it says "do not send this form to INS". So how do I INS know you are using EAD?.
My situation is Company A H1B six years expires on March 2004 and I got EAD just now from Company B based on future employment. Now I am going to join company B and I asked company B to file my seventh year extension so that INS will know that I am working for Company B. So this way I wont be getting any queries on I140 and I485 because inital filing was done based on future employment.
Am I right on this?