Ead / H1-b

P

Positive4GC

Registered Users (C)
I will be starting my new employment on EAD. But the new employer have also filed for my H1-B (doesn't make sense - why they want me to start on EAD). Ofcourse, I am sponsoring for eads, etc and H1 by them ( very strange).

If I start working on EAD, can I use that H1-B at any point in future. If so, what are the implications? Do I have to visit my home country to get a visa for future travel. In that case, would my EAD be invalid. Can I apply for renewals in future, if I want to switch again to EAD. Is that possible at all.

I do not know what help can my H1-B do to me. Please advise.

thanks.
 
Positive4GC said:
I will be starting my new employment on EAD. But the new employer have also filed for my H1-B (doesn't make sense - why they want me to start on EAD).
---------- If employer filed H1 extension then you are on H1 ask for the H1 filing reciept, why to use EAD?? Having EAD and using EAD is different. One can have EAD and AP and can be still on H1 status

Ofcourse, I am sponsoring for eads, etc and H1 by them ( very strange).

If I start working on EAD, can I use that H1-B at any point in future.
---------- once you use EAD you invalidate H1 status.
If so, what are the implications? Do I have to visit my home country to get a visa for future travel.
------------- yes
In that case, would my EAD be invalid.
--------no

thanks.
Click to expand...

It seems new employer has not filed H1 trasfer for you, he knew that you have valid EAD so he is telling you to use EAD, if he has filed H1 trasfer for you then you can start working with him once H1 trnasfer is filed. ask the employer or lawyer for H1 filing reciept, if you have the reciept then you can work on H1 status.
 
Last edited by a moderator:
ginnu said:
It seems new employer has not filed H1 trasfer for you, he knew that you have valid EAD so he is telling you to use EAD, if he has filed H1 trasfer for you then you can start working with him once H1 trnasfer is filed. ask the employer or lawyer for H1 filing reciept, if you have the reciept then you can work on H1 status.
Click to expand...

thanks ginnu. my new employer is asking me to join on EAD, which I will. My start date is already fixed based on EAD. I was not notified by HR that H1-B extension is also in place. I would be sending my docs tomorrow, but my start date falls before I get a receipt.

If that is the case, I'll start on EAD but my H1-B extension receipt notice would come after I join. In that case, can I switch to H1-B and would I still have a valid EAD to use in future? Can I switch back and forth between EAD and H1????

thanks.
 
Positive4GC said:
Can I switch back and forth between EAD and H1????
Click to expand...

When you use EAD or H1, you fill a form called I-9 and give it to your employer. The employer just keeps it in their files.

If you are working for the same employer, maintaining both H1 and EAD, then there is nothing much called as switching. Theoritically you can just replace I-9.
 
You can switch back and forth between H1 and EAD. Provided
1. If you want to switch on EAD, you have unexpired, valid EAD.
2. If you want to switch on H1 after using EAD, you should have unexpired and valid H1. You also have to get H1 stamp before you start working on H1 again.
 
You must log in or register to reply here.
Top