EAD and H1

P

pekinger

Member
My spouse is considering applying for EAD for me using concurrent filing of 140 and 485. I have questions under 2 senarios:

1. Can I use EAD to find a job; later, if my spouse's GC is in jepardy because of job insecurity, can I ask my company to apply for H1 for me?

2. If I find a company who would like to sponsor H1, can I use H1 to work; but at the same time, apply for EAD but not use EAD?

thanks,
 
thanks, but more Q

I heard that if my spouse used AP, then it's required to use EAD to work in the current company. However, if my spouse use 180 days rule and change job later, can the new company sponsor a new H1?

Am I, as a dependent of 485 main applicant, required to use EAD to work after using AP? When I change job later, could I apply for new H1 instead of using EAD after using AP?

Seems my spouse's company restrict them to use EAD if they ever apply for EAD. To be safe, we won't file 485/EAD/AP in a bundle. Is it true after 90 days, I could go to local INS and present 485 receipt to get a EAD immediately? Is it possible we could get AP by ourself without company's involvment? Where to obtain detail info. about process/doc for applying EAD/AP on our own?

Thanks,
 
yes your spouse can use H1 instead of EAD to change employers.

After using AP the derivative is expected to use EAD.
In all cases where you can switch to H visa after using AP, it will be safer to make sure that there is no "gap" period in H visa (But not a strict requirement)

Yes you are better off applying for EAD/AP yourself. You can apply for I765 and i131 as soon as you receive the copy of your I485 receipt. See INS website and some archives in this forum about what is required to fill these forms and send the apps to the service center.

It is better to have EAD option open instead of relying on employer's (new or current) for h1 status.
Boston is one of the district offices which give interim EAD after 90 days from I485 Receipt date. Generally, your EAD application should have been pending for more than 90 days for you to be eligible for interim EAD.
 
jaxen, thanks a lot and more Qs

when filing 765, copy of previous EAD is needed: is OPT EAD considered in this case?

why "It is better to have EAD option open instead of relying on employer's (new or current) for h1 status"? Is this true even for layoff situation with the assumption that employer won't revoke 140/485 after layoff?

how do you know I live in Boston? ;)
 
No dont use OPT EAD. The form is the same for all kinds of EAD and their renewal. This is your first EAD based on 485. (c9 is the answer for the last question)
Even if employer lays you off you have EAD to move into another shop as soon as I140 is approved. It is an insurance for the future.
For the dependent EAD is the only quick way by which one can take up any employment.
 
jaxen, thanks

"Even if employer lays you off you have EAD to move into another shop as soon as I140 is approved. It is an insurance for the future." Is this true only assuming employer won't revoke 140 or lay off occurs after 180 days of filing 485?

Looking back all posts on the board, I have one thing confusing: will using EAD invlidates H1? People used AP are required to use EAD for working; at the time their H1 needs revalidation, they could revalidate H1. Can they switch to using H1 working for the company for which they used to work on EAD? Filing I9 form will be sufficient to achieve so? :confused:

Thanks
 
No. Once I140 is approved you are in home stretch and whatever employer does cannot hurt you.
Usage of EAD supercedes H1, but it is better to maintain H1 at least until I140 is approved in your case. Even after using AP you can get back on h1.
 
thanks

jaxen, could you explain this in more detail? If my 140 approved; but before 180 days of 485 filing, either I got laid off or I changed job. If INS finds out about this, what'll be the consequences and what I could do to keep my 485 application valid?

So I know that one could always switch back to H1 even after using AP, EAD. But WHEN could one switch? Only when the person change job or reenter to U.S.?
 
See posts about laid off before 180 days in this and the 485 portability forum.

Change it to H visa Whenever you want to as long as the H1 continuity rules are maintained. If you do not have overlapping H1s after using EAD , it will be difficult to switch to EAD. Consult a lawyer.
 
You must log in or register to reply here.
Top