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.
 
If you haven't used your EAD to work nor used AP for travel, then you can use H1 till expiry.

If your wife has used EAD to work or AP for travel, then she needs to renew EAD to work. She cannot work on H4, thats illegal.

There is still a chnace that your GC would be approved in Dec/Jan. Then the above issue will be redundant.

Good Luck!
 
Disagree little bit with upstate

If you have not worked in EAD and working on H1, you may continue to do so even if you have an EAD/AP, renew a EAD/AP.

If your wife wishes to work, she has to renew EAD. She can not work on H4.

If your wife works on EAD, you may still work on H1.

If you have travelled internationally and used AP, that has not violated your H1 status. Your H1 status will end only when the H1 expires/gets cancelled or you start working on EAD for h1/different employer.
 
Originally posted by abhi_01201
If you have not worked in EAD and working on H1, you may continue to do so even if you have an EAD/AP, renew a EAD/AP. If your wife wishes to work, she has to renew EAD. She can not work on H4. If your wife works on EAD, you may still work on H1.
Click to expand...

All correct, thus far.

If you have travelled internationally and used AP, that has not violated your H1 status. Your H1 status will end only when the H1 expires/gets cancelled or you start working on EAD for h1/different employer.
Click to expand...

No. If you use AP to re-enter the US, you are not in H1 status any more. You are a "parolee". At this point you MUST have the EAD to work for any employer (your H1 sponsor or someone else), or you need to leave the US and re-enter with the H1.

There's another wrinkle for your spouse - if you enter with AP, her status is no longer H4 since it is dependent on your being in H1 status. At that point she will require AP to re-enter the US.
 
Thanks for the replies. I still work for the same company since I got my H1, and never had a second job or did not go out of the country after getting the EAD. I applied for the EAD last year just for the safety purpose as I was instructed by my lawyer.

I did not know whether I'm working on H1 or EAD since both have validity dates at the same time. I guess I can just work under H1 even after EAD expires. I was confused as I heard that your H1 status gets invalid the moment you get your EAD.
 
who god it is lot cosnfusing!!!!!!!!!!!!!!!!! i am not good in compilation of these kind .. can some body compile all the above statements please!!!!!!!!!!!!!!1


cheers!!!!!!!!!!!!!!!!!!!!!
 
Disagree with real canadian

Quote from Murthy chat

Chat User : Does it revoke my husband's H1B status if I use EAD to work or AP to travel? He got laid off after filing I-485 in less than 180 days. He found a same job, did new H1B transfer and it was approved.

Attorney Murthy : No, it would appear that his H1B would remain valid even if you choose to go for EAD and AP status. He has the choice of either option and he can choose to maintain his H1B status. Per the May 2000 INS Memo on which we have written an article for the MurthyBulletin, even if the principal on H1B enters once on the AP and works on the EAD, it does not prevent the person from filing the H1B extension with the INS and the INS approving that status. The dependent's work on the EAD does not affect his status either.
 
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