EAD and H1B question....please help!!

A

asiacpl

Registered Users (C)
Well....looks like there's no quick resolution to anything as far as immigration is concerned. OK..here's the story first. I work for a University. I was originally on H1B. Then I was approved for I-140 and my I-485 is still under processing, well beyond the current processing date. I applied for my secong EAD in May, and still waiting. I was asked to go for fingerprinting and photo (e-file) and I did on June 26. For some reason, their system still says I still need to submit this evidence. I have called the customer service numerous times, but they really have little to offer. Hard to blame them since they don't have access to most documents. I sent a letter with my receipt, and now their system says they have sent me a letter on July 26 in response to "my request for more information on my case". I can only hope that this letter will arrive in time, since I still have not received their last correspondence. Meanwhile, my last EAD had expired and I can't work. Fall semester is coming fast and we're all worried for good reason.

OK...my question is this. If there's no quick resolution to this, can I file an application for renewing my H1B? I have not used it since my I-140 was approved. Can a H1B that has expired a while back still be renewed? Or do I have to file for a new H1B? Looks like H1B is the only way I can work anytime soon. Any suggestions? I would really appreciate it. Thanks!
 
My understanding is that once you start using the EAD, you lost our H1B. So, I don't think you can renew your H1B...
 
asiacpl said:
OK...my question is this. If there's no quick resolution to this, can I file an application for renewing my H1B? I have not used it since my I-140 was approved. Can a H1B that has expired a while back still be renewed? Or do I have to file for a new H1B? Looks like H1B is the only way I can work anytime soon. Any suggestions? I would really appreciate it. Thanks!
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First, if your EAD application has been pending for onve 90 days, you can go to a local USCIS office and get one.

Based on your 140 approval, you might be "eligible" for H1 extension. Your are also eligible if your 6 years have not expired on H1. However, since you used EAD and let your last H1 expire, you might get a H1 approval without an I-94 attached to it. In that case, to be able to resume work on H1, you have to go abroad, get a visa and reenter on H1.
 
EAD help please

My wife’s I140 and I485 both are still pending.
Got EADs for four of us (wife, myself, two daughters) approved based on my wife’ s pending I140 and I 485 applications.

My I 140 got approved, my I 485 still pending. While we had our valid EAD cards from my wife’s pending I485, I Got another EAD Card approved for myself based on my I485 pending, but EAD for my wife and daughters based on my pending I485 got denied. NSC gave a reason- since they already had valid EADs, there is no point in issuing another one.

Now the EADs for my wife and daughters based on my wife’s pending I140 and I485 are up for renewal. We need to choose to apply for new EADs based on my pending I485 or based on my wife’s pending I 140 and I485.
Please experts! Give your choice.
Also if we apply for EADs for my wife and my daughters based on my pending I485, in the application form, which one do we need to select:
Permission to accept employment
Renewal of my previous EAD.

Thank you,
 
irtev said:
My wife’s I140 and I485 both are still pending.
Got EADs for four of us (wife, myself, two daughters) approved based on my wife’ s pending I140 and I 485 applications.

My I 140 got approved, my I 485 still pending. While we had our valid EAD cards from my wife’s pending I485, I Got another EAD Card approved for myself based on my I485 pending, but EAD for my wife and daughters based on my pending I485 got denied. NSC gave a reason- since they already had valid EADs, there is no point in issuing another one.

Now the EADs for my wife and daughters based on my wife’s pending I140 and I485 are up for renewal. We need to choose to apply for new EADs based on my pending I485 or based on my wife’s pending I 140 and I485.
Please experts! Give your choice.
Also if we apply for EADs for my wife and my daughters based on my pending I485, in the application form, which one do we need to select:
Permission to accept employment
Renewal of my previous EAD.

Thank you,
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So you have 2 485's filed for all your family members?
 
Two I-485??

Correct me if I'm wrong. I suppose you are NOT allowed to have two I-485s for the same person right? the option I see is that you have a I-485 from your wife and you should have applied for Counselor processing on your I-140.

My best suggestion would be to go on the I-485 which has a earlier priority date.

NOTE: I'm not an attorney and do not possess any education in law. Just a member like you.
 
CaliGC said:
Correct me if I'm wrong. I suppose you are NOT allowed to have two I-485s for the same person right?
------------------law does not prevent person filing second I-485
the option I see is that you have a I-485 from your wife and you should have applied for Counselor processing on your I-140.
------------- one can have his primary I-485 pending and can also file second I-485 as derivative spouse. one can file I-140 with Counselor processing option but with CP if anything goes wrong then no appeal .
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H1B to EAD

I am planning to give up H1B and and get EAD. Its just because I cannot get a promotion /salary raise on current H1B and HR people at work do not want to file an amended HIB. Can anybody comment on what are the drawbacks of going on EAD as compared to H1B. My I-140 is approved and 485 is pending due to name check.
Thanks
 
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