Ead & H1

W

wasim26

Registered Users (C)
Hi,

As I am currently waiting for my AOS results, my EAD will expire on the 30th of January, 2003. However, my H1 is valid till April, 2003. Can somebody tell me whether my H1 will still be good as I received an EAD later. Can I continue to work on H1 after EAD expires? And regarding my wife, can she continue to work on H4 after the EAD expires next January as her I-485 is pending? Our RD was December, 2001.

Should we extend our EAD for one more term? Any suggestions will be very much appreciated.

Thank You.
 
Reply for the status

You can continue work on H1 even EAD expired. But your H1 is valid for only few more months. So, better to renew the EAD atleast 90 days earlier. Your wife case, she can't able to work on H4 but can work on EAD. If the EAD expired, she has to work only if it get extended.
Hope this will help.
 
Thank you very much for the reply. I'm sorry that I put this message in the tracker list by mistake. Did not wanna embarass anybody...
 
Originally posted by wasim26
Hi,

As I am currently waiting for my AOS results, my EAD will expire on the 30th of January, 2003. However, my H1 is valid till April, 2003. Can somebody tell me whether my H1 will still be good as I received an EAD later. Can I continue to work on H1 after EAD expires? And regarding my wife, can she continue to work on H4 after the EAD expires next January as her I-485 is pending? Our RD was December, 2001.

Should we extend our EAD for one more term? Any suggestions will be very much appreciated.

Thank You.
Click to expand...

If you used your EAD to gain employement (filled the I-9 form) with your employment then your H1 is no more valid. You have to get your EAD renewed to work, or you will be working illegaly.

If you did not then your H1 is good till the expiration date. You have to use EAD after that to continue work or you will be working again illegaly. That means you have to get your EAD renewed as it has already expired.

Your wife cannot work on H4. It is illegal. She needs a EAD to work anytime until she gets her GC.

It might be a good idea to extend your H1 (a safety net) just in case your 485 gets denied (very unlikely). That way you can still work on H1 until the next expiration date. And also renew the EAD for your wife so she can work. This is the Best Bet.

Your second best bet is to renew EAD for you and your Wife. (lesser cost)

Hope this helps...
 
Just for Info

I am on H1 and have EAD, and I am not using EAD for work.
My wife is on H4, she just recieved her EAD and want to work based on EAD, I will continue my H1B for work no use of EAD for self

My question is:

Just in case my I-485 is denied, I have the protection of H1B and my H1B is valid till December 2004

But If my wife uses EAD it means she is no more on H4, and if she works for 8-9 months on EAD and them my I-485 is denied ( very unlikely) will she be on H4 ?

or I have to again file for her H4 extension by I-539 in US or she has to leave US to get H4

will the INS again let her retain her H4 status with out leaving the US.
Any penality from INS that she used EAD for work if principal applicant I-485 is denied, or no penality to her as INS granted EAD.

Thanks in advance
 
Last edited by a moderator:
INDERS99

A very interesting and complicated ??? If you can put it up as a new thread it may get a lot of answers from other gurus.

-P_A
 
You must log in or register to reply here.
Top