EAD & AP related questions

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BB72

Registered Users (C)
HI guys,

I never filed for EAD & AP since my 140/485 filed in Feb 2004. I am on H-1B now. I have couple questions. Any info is highly appreciated.

1. My lawyer told me if I file EAD, my H-1B won't become effective anymore. Is it true? Can I have EAD and on H-1B at the same time.

2. If I file EAD/AP now, is it going to delay or speed up my 485 process? Anyone in the same boat can give me some advice?

BB

140/485 ND 02/15/2004
140 AD 08/30/2004
485 when pig can fly...

LUD 11/04/2004 (FP received, case resumed)
11/09/2004 (no change)
11/11/2004 (no change)
 
1. My lawyer told me if I file EAD, my H-1B won't become effective anymore. Is it true? Can I have EAD and on H-1B at the same time.

H1B will not get ineffective by mere filing or obtaining an EAD. Only using an EAD would render an H1 invalid.
Please refer other posts/talk to your lawyer.
Best Wishes
 
BB72 said:
HI guys,

I never filed for EAD & AP since my 140/485 filed in Feb 2004. I am on H-1B now. I have couple questions. Any info is highly appreciated.

1. My lawyer told me if I file EAD, my H-1B won't become effective anymore. Is it true? Can I have EAD and on H-1B at the same time.

2. If I file EAD/AP now, is it going to delay or speed up my 485 process? Anyone in the same boat can give me some advice?

BB

140/485 ND 02/15/2004
140 AD 08/30/2004
485 when pig can fly...

LUD 11/04/2004 (FP received, case resumed)
11/09/2004 (no change)
11/11/2004 (no change)
Click to expand...


Filing EAD/AP now will ofcourse increase your chances for someone to look at your file atleast to make an update on your case.

Your lawyer was right, applying EAD or getting an EAD will never hamper your H1B. You loose H1B the day you use your EAD card.

Hope it helps.
 
how to define "use my EAD card"

Want GC Soon said:
Filing EAD/AP now will ofcourse increase your chances for someone to look at your file atleast to make an update on your case.

Your lawyer was right, applying EAD or getting an EAD will never hamper your H1B. You loose H1B the day you use your EAD card.

Hope it helps.
Click to expand...

Thanks for your input, I don't quite understand "You loose H1B the day you use your EAD card", what action will trigger " the use of my EAD card" ?

Thanks a lot..
 
BB72 said:
HI guys,

I never filed for EAD & AP since my 140/485 filed in Feb 2004. I am on H-1B now. I have couple questions. Any info is highly appreciated.

1. My lawyer told me if I file EAD, my H-1B won't become effective anymore. Is it true? Can I have EAD and on H-1B at the same time.

2. If I file EAD/AP now, is it going to delay or speed up my 485 process? Anyone in the same boat can give me some advice?

BB

140/485 ND 02/15/2004
140 AD 08/30/2004
485 when pig can fly...

LUD 11/04/2004 (FP received, case resumed)
11/09/2004 (no change)
11/11/2004 (no change)
Click to expand...

Hey BB!

I'm on the same boat. 140/485 ND 03/15/2004 & 140 approved Aug 2004. My 485 is still pending. Did not file EAD/AP. And don't have FP yet.

Looked like you got your FP. That's good. Does that mean I'm getting my FP soon?

Many says filing EAD/AP helps hasten your 485 approval. So I'm also thinking to file as well even though they would not really be of help to me. I'll wait few more months and see what happens.

JLCF
 
Using EAD, means you provide it for all employment related documentation inlieu of H1, you would be on EAD status based on a pending 1 485 application. It is risky to use if your 1 140 application is not yet approved.
 
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