EAD/AP or H1B Extension?

U

upandwaiting

Registered Users (C)
Hi,

Perhaps someone here can shed some light on my issue.

Currently, I have H1B and have I140/485 pending filed in Sep 04. My H1B for the first three years will expires in August 2005. Here are a few questions I have.

1. Should I just apply for EAD and AP without H1B extension? What would be the downsides of this?

2. I didn't ask my lawyer to file EAD/AP. Should I do it regardless my H1-B status?

I have talked to my lawyer and he suggests that I extended my H1-B. I am just not sure if he is giving me the best option so he could make more moeny from my case.

Thanks in advance for your responses.
 
You will need EAD if you are planning to move out of your GC sponsoring employer after 6 months into 485 (with approved 140). If you are not planning do it in the near future, you can continue on H1 and apply EAD when necessary (EAD is valid for 1 yr only(though there has been talk abt 2 year EADs but haven't seen anyone with a 2yr EAD) and u need to keep extending it).
AP is required in case you are travelling outside US and your H1 stamping is expired. You could still continue not using AP after the visa stamp expiration but then you may need to extend your H1 and need to go outside US to get it stamped.

SG
 
sg1973 said:
You will need EAD if you are planning to move out of your GC sponsoring employer after 6 months into 485 (with approved 140). If you are not planning do it in the near future, you can continue on H1 and apply EAD when necessary (EAD is valid for 1 yr only(though there has been talk abt 2 year EADs but haven't seen anyone with a 2yr EAD) and u need to keep extending it).
AP is required in case you are travelling outside US and your H1 stamping is expired. You could still continue not using AP after the visa stamp expiration but then you may need to extend your H1 and need to go outside US to get it stamped.

SG
Click to expand...

SG, thank you very much for your response.

If I don't plan to move of my employer, are you recommending that I extend my H1-B? If EAD and AP can work as same as H1-B such as work authorization and traveling, I would prefer to save money on the extension.

I understand that EAD needs to be renewed annually. How difficult is it to extend EAD? Is something that I can do by myself?
 
Well EAD/AP can work same as H1 but then they will cost you more money (around 340) than the H1 extension (130 I think). Also you can get extended for more than a year. so its more like you are paying the extension fee for multiple yrs where as EAD/AP you pay evey year though I am not sure if the fees vary between fresh EAD/AP and EAD/AP extension.

Renewing EAD is not difficult. I know some people who filed it themselves.

In my case, I didn't file my EAD/AP as per my lawyer's advice but then the rule about H1 stamping made me file for them now.

Hope this helps..

SG
 
Forgot to mention.
If you are travelling outside of US and if your 485 gets approved, you will need to have the AP to get back. I heard there might be some issues if you try to come back with H1 when your GC is already approved.
 
Friends,
I am going for the 7th year extension of H1B (based on the pending I140) next month. My spouse is on H4 and just started working on EAD. Is it neccessary to apply for H4 extension also? Thank you in advance for your advice.
 
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