EAD and H1

[MADANST]

I'm on H1 and got my EAD.If I use my EAD with the same employer, even though my H1 is valid till 2008, Can I go back to that H1 if I run into problems with EAD?

My spouse (who is on H4 as of today) got her new H1, which is going to start from Oct 1 2007. What if she used EAD now ? Can she go back to her H1? What should she do if she wants to go back to H1 ?

 

[sshakeny]

your H1 and EAD wont matter and dont worry about it. you are already allowed to work with this employer who has filed an I-140 for you. since you have filed your I-485 and EAD, if the immigration doesnt adjudicate your I-485 180 days from application recieve date, you can even change employer as long as your job title and duties are the same as what was on your labor certification.

the money you spent on H1 for your wife was totally unnecessary. since she has an employment authorization she didn't need a H1. she can start working now if the EAD is approved.

 

[edwin_dummy]

does this mean that an ead means an approved i-140?

how come i read a post before where he got an ead and used it. only to find out later his i-140 was denied?

 

[sshakeny]

does this mean that an ead means an approved i-140?

how come i read a post before where he got an ead and used it. only to find out later his i-140 was denied?

well, you can apply for EAD only when you get to file a I-485 so that you can work while you are waiting for the I-485 is pending. now if you file I-140, I-485, EAD and AP concurrently, they accept it the I-485 and its dependant forms, but the whole thing depends on your I-140 and if it gets denied the rest of them are closed too. so filing concurrently is not always the best way to go.

 

[rachu]

I have valid H1 but i don't have stamp and i will be getting EAD within 30 days per uscis website. my question is if i need to travel can i use my H1 and get the stamp. how safe is it to use H1 once you get EAD.

 

[lprkhoj]

I have valid H1 but i don't have stamp and i will be getting EAD within 30 days per uscis website. my question is if i need to travel can i use my H1 and get the stamp. how safe is it to use H1 once you get EAD.

Yes, you may depart with a valid H-1B status, get the stamping done abroad and re-enter on a valid H-1B visa. EAD doesnt come into the picture. And in case you arent sure about H-1B stamping, you may apply for AP, and use it to re-enter and resume working on H-1B with your employer. Again EAD does not come into the picture.

however, if you use EAD (prior to our travel), then the only way you can re-enter is by using AP. Your H-1B is rendered invalid the day you use EAD.

 

[molly520]

well, you can apply for EAD only when you get to file a I-485 so that you can work while you are waiting for the I-485 is pending. now if you file I-140, I-485, EAD and AP concurrently, they accept it the I-485 and its dependant forms, but the whole thing depends on your I-140 and if it gets denied the rest of them are closed too. so filing concurrently is not always the best way to go.

I just filed my i-140 PERM. Does this mean that when I get an approval for my i-140, I have to wait for i485 to be current before I apply for EAD?

 

[dryheat]

however, if you use EAD (prior to our travel), then the only way you can re-enter is by using AP. Your H-1B is rendered invalid the day you use EAD.

Incorrect, If he uses his EAD, H-1 will be rendered invalid. However, if he re-enter on H-1, he is back in H-1 status.

 

[manwithnoname]

I just filed my i-140 PERM. Does this mean that when I get an approval for my i-140, I have to wait for i485 to be current before I apply for EAD?

FYI - PERM is Labor Certification and I-140 is the Immigrant Petition. You have to wait for the Priority Date (day on which the PERM LC was filed) to become current till you file the I-485 and it's ancillaries (EAD, AP etc).

 

[manwithnoname]

I have valid H1 but i don't have stamp and i will be getting EAD within 30 days per uscis website. my question is if i need to travel can i use my H1 and get the stamp. how safe is it to use H1 once you get EAD.

Merely obtaining EAD wont affect your H-1B. You may travel outside of the U.S. and return on H-1B stamp. But as every case is unique, I would read the travel advisory here.

 

[esseyeb]

Incorrect, If he uses his EAD, H-1 will be rendered invalid. However, if he re-enter on H-1, he is back in H-1 status.

If you use your EAD, your H1 is toast; you cannot be working on a single H1 for two or more employers. Since your H1 is toast, you cannot leave and re-enter on your old H1 (which is now toast) and revert back to H1 status. That's why you need an AP. The H1 is a 1-way street, ladies and gentlemen: once you invalidate it, there's no going back unless you find another sponsor for a new H1.

 

[dryheat]

If you use your EAD, your H1 is toast; you cannot be working on a single H1 for two or more employers. Since your H1 is toast, you cannot leave and re-enter on your old H1 (which is now toast) and revert back to H1 status. That's why you need an AP. The H1 is a 1-way street, ladies and gentlemen: once you invalidate it, there's no going back unless you find another sponsor for a new H1.

esseyeb, this is nonsence.
He can come back on H-1, it will require consular visa stamping, but re-entering on valid H-1 will reinstate his H status.