EAD Approved, However

Y

yxreddy

Registered Users (C)
Guys

I filed I485 thru my employer on Jun 30 2007 and EAD got approved for both me and my wife. Advance Parole is still pending. My H1B is expiring in Dec 2007. I decided to extend H1B for this time for 3 years (I140 already approved). My wife also has a H1B thru another employer. I am planning to continue to use my H1B and my wife is planning to use EAD that got approved thru my employer without cancelling her H1B. Can she switch back to H1B later down the road???. How fast can she start using EAD???


yxreddy
PD - Jan 2006
I485 recpt date - July 2
notice date - Aug 23
EAD Approval - Aug 31
FP - Sep 19.
 
Are you sure that you can extend the H-1B for 3 years? Did you complete the original 6 years? In case you do, then I think, you are eligible for 1 year extension only, because you already filed I-485.

Your wife can start using the EAD anytime. However, if she want to switch to H-1B later (if some employer is ready to file a new H-1B), this will be subjected to H-1B cap.
 
She already has H1B that expires in 2009. Lets say she starts using the EAD that got approved thru my employer. Can she switch back to her H1B later in case my I485 has problem???
 
You can extend your H1B for three years if your priority date at the time of your H1B extension is not current.

Your wife will loose H1B status once she uses EAD.

You need to apply for new H1 and that falls into 65K quota (or) +20,000 quota if she has US Master's Degree. Every Body knows how those are getting filled up :)
 
here are my 2 cents

yxreddy said:
Guys

I filed I485 thru my employer on Jun 30 2007 and EAD got approved for both me and my wife. Advance Parole is still pending. My H1B is expiring in Dec 2007. I decided to extend H1B for this time for 3 years (I140 already approved). My wife also has a H1B thru another employer. I am planning to continue to use my H1B and my wife is planning to use EAD that got approved thru my employer without cancelling her H1B. Can she switch back to H1B later down the road???. How fast can she start using EAD???


yxreddy
PD - Jan 2006
I485 recpt date - July 2
notice date - Aug 23
EAD Approval - Aug 31
FP - Sep 19.
Click to expand...


You can extend your H1B for three years if your priority date at the time of your H1B extension is not current and your I-140 is approved at the time of your H1b extension.

Your wife can start using the EAD as soon as it is approved. While she is using the EAD, her H1B goes on sleep mode. If she wants to reactivate the H1B, she has to step outside the US and reenter the US with H1B that is valid until 2009 (she does not have to apply for any H1 extensions). There was a topic on this one in one of Mr. Khanna's recent conference calls (I think the last conf call in August). You can download the conference call recordings from archive and listen to it.

Good Luck!!!
 
What if your PD is current, would you still be able to extend it for 3 years ( with approved I-140)? Thanks.
 
asked my lawyer the same thing a month ago, and he said exactly what WashingtonDC said.

3 years extension if PD not current, irrespective of whether 485 has been filed.

can go to EAD and come back on H1. Can come back using an H1 petition and old visa stamp. not subject to cap. I am on 7 th year extension, best thing for me is to get a visa stamp till 2010 then jump to EAD. Anytime I want to go back to H1, simply leave the US and return using the same visa stamp. If I am with same employer, return using existing I-797, if with a new one, they will need to file an H1 transfer first. In both cases could be subject to more scrutiny at border, should carry payslips, and employment verification letter etc (usual H1 documents)
 
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