Ead/ H1-b/ I 485

[paradkaram]

I have a question to all the gurus about the H status and EAD.

I currently have a valid H1B visa (upto Aug 06) and have been working with the same employer since comning to the US. My labour got approved under perm and my lawyer filed 140/ 485 before rettrogession took place.

I also came to know my lawyer filed for my 'EAD'

I needed some clarification on EAD and H status.

1. if my EAD is apporved what would be my status?

2. I am getting married next month, and hence sometime early next year my wife would join me on H4. How does my EAD affect her?

3. Even if i get an EAD apporved... is thier any way i can continue to work on my H1 wihtout really using my EAD?

4. How does it affect my travel to india?

Their are a lot off grey areas in these situations... please help me guru's

My Pd is Aug 2005
My 140 /485 date is 30 Sept 2005

Thanks
Aniruddha

 

[jllag1]

I have a question to all the gurus about the H status and EAD.

I currently have a valid H1B visa (upto Aug 06) and have been working with the same employer since comning to the US. My labour got approved under perm and my lawyer filed 140/ 485 before rettrogession took place.

I also came to know my lawyer filed for my 'EAD'

I needed some clarification on EAD and H status.

1. if my EAD is apporved what would be my status?

--> You will still be on H1. Just getting EAD does not invalidate H1 status. To be on safe side, don't use EAD for any employer. In fact, its critially important that you stay on H1, so that your wife can legally stay on H4. If you go into AOS pending state, your wife cannot stay on H4 status.

2. I am getting married next month, and hence sometime early next year my wife would join me on H4. How does my EAD affect her?

--> No effect. Make sure you stay on H1, so that she can get H4.

3. Even if i get an EAD apporved... is thier any way i can continue to work on my H1 wihtout really using my EAD?

--> Yes, no problem.

4. How does it affect my travel to india?

--> If you a valid H1 visa, you can travel on that without AP. If you don't have a valid visa, make sure you get AP (you are not required to) before leaving country. If it were me, I would get AP whether I have visa or not.

Their are a lot off grey areas in these situations... please help me guru's

My Pd is Aug 2005
My 140 /485 date is 30 Sept 2005

Thanks
Aniruddha

 

[paradkaram]

if i use AP to travel wont i loose my H!-B status and hence my wife would loose her H4 subsequently...

Please clarify gurus......

Thanks
Aniruddha

 

[jllag1]

Yes and no. According to some lawyers, using AP does not invalidate H1 as long as you satisfy the other condition of H1 and not use EAD. I personally feel that using AP should invalidate H1 (but thats my opinion). Till date, USCIS has not come out with any regulations on this matter, as far as I know. To be on absolutely safe side, if you wish to stay on H1, don't use EAD and AP.

In your case, if you (and your lawyer and POE officer) believe that using AP does not invalidate H1, your wife should not have problems entering US on H4. On the other hand, I find it very hard to believe that POE will let you in on AP and at the same time let your wife in on H4. You will be playing with fire with that kind of situation.

The reason I recommend AP is, if there are any problems with H1, atleast you can enter on AP, if not your wife.

 

[prasadlabor]

Hi

I am currently on H1 valid till Nov 2007, I also obtained my EAD/AP. My employer is asking me to modify the I9 to include the EAD and they are saying that they will not withdraw my H1 till I agree to withdrawing it.

I was planning to go to India in December and revalidate my Visa Stamp(currently till Feb'06).If I use EAD on my I9 I think I need to use AP while coming in to the US

This means that my wife who is travelling on a different date also has to use her AP to get back to the US

Also if in case my I140/I485 application gets rejected becuase of some reason can I move back to my H1 Status.

Thanks

 

[GotPR?]

Also if in case my I140/I485 application gets rejected becuase of some reason can I move back to my H1 Status.

Unless you completed your 6 years stay, you can come back to H1B
if your company filed petition. In this case, you can not work til
petition is received( it works like H1B transfer).

 

[EB1UB]

Hi All,
I will appreciate for your input. I am on H1B right now (5th year). My visa was extended once. I also have pending I-485 with CSC due to Name check as well as retrogression. I am planning to go to India last week of nov-middle of Jan and got delhi US embassy appointment in first week of Jan for visa revalidation.

Do you guys have any experience of chances to get stuck there due to name clearances since my name is stuck here in FBI name check?
I am working with same employer throughout my stay in US and same employer has filed my Green card as well.

Thanks a lot for your time and input.