EAD and H1

I

Inrisk

Registered Users (C)
Hi,
I have a valid EAD based on my pending I-485 application.

I still havent started working on it. My H1 is expiring on Oct 1, 2004. I still havent applied for H1 renewal.

Can I start working in EAD and then switch to H1 ?? I spoke to my employer and they said they'll file for a H1, but since I only have 4 days left prolly they cant file it before my H1 expiration date.

So can I work in EAD for a week and then swithc it back to H1 based on the H1 receipt ?

Thanks
 
Inrisk said:
Hi,
I have a valid EAD based on my pending I-485 application.

I still havent started working on it. My H1 is expiring on Oct 1, 2004. I still havent applied for H1 renewal.
-----apply H1 extension BEFORE Oct1 ,2004 extension can be filed 6 months advance, you can file now
Can I start working in EAD and then switch to H1 ?? I spoke to my employer and they said they'll file for a H1, but since I only have 4 days left prolly they cant file it before my H1 expiration date.
------ you have H1 valid till Oct 1, 2004, why to use EAD??
So can I work in EAD for a week and then swithc it back to H1 based on the H1 receipt ?
----- once you use EAD you will not be on H1
Thanks
Click to expand...
 
Ginnu,
I-94 expiration date is August 1, 2004. Also I applied for an extension today (July 30,2004) through FedEx. August 1, 2004 is a Sunday so INS cant process it on Sunday. What are my options ??

Also, say for some reason my INS says that I cant do extension, can i work in my EAD for a month, then apply a whole new H-1 (not an extension) and then switch back to H1 after it gets approved??

Thanks
 
Inrisk said:
Ginnu,
I-94 expiration date is August 1, 2004. Also I applied for an extension today (July 30,2004) through FedEx. August 1, 2004 is a Sunday so INS cant process it on Sunday. What are my options ??
------ I think they will approve becase you have sent it before august 1 But the law states that it should reach USCIS on or before your I-94 expires

Also, say for some reason my INS says that I cant do extension, can i work in my EAD for a month, then apply a whole new H-1 (not an extension)
---YES
and then switch back to H1 after it gets approved??
----- NEW H1 will NOT have I-94 attached, you need to go out get H1 Visa stamp then enter on valid H1
** keep valid AP with you becase if any problem with H1B stamp then use AP to reenter US, if you dont have AP send application for new AP
* I dont think you will have problem with extension, but who knows it is USCIS
Thanks
Click to expand...
 
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