EAD or H1

[ashrit]

Hi,

My H1 is expiring next month (first 3 years). I have received my EAD (also my wife's) but have not "used" it in terms of having it in my employment records since I have a valid H1.

Now as my H1 will end so should I get H1 extension OR start my EAD usage from next month. I applied for 140 and 485 earlier this year so its long wait before I get any thing cleared off.

My employer will not pay/file for the extension (their policy since I have received the EAD) so I have to decide and fight with them to atleast file for it IF required.

So what is the suggestion, keep my fingers crossed and get on EAD or get the extension........ also what if my wife uses her EAD.

Any help/suggestions will be appreciated.
thanks.

 

[ginnu]

My H1 is expiring next month (first 3 years). I have received my EAD (also my wife's) but have not "used" it in terms of having it in my employment records since I have a valid H1.

Now as my H1 will end so should I get H1 extension OR start my EAD usage from next month. I applied for 140 and 485 earlier this year so its long wait before I get any thing cleared off.
--- File extension of H1 and H4 for your wife, it is better to be on safe side to maintain H1 till your I-140 is not approved and then after I-140 approval your I-485 should be pending for 180 days if you may have to use AC21 in future or loose the job with this employer.
My employers will not pay/file for the extension (their policy since I have received the EAD) so I have to decide and fight with them to at least file for it IF required.
-- Request the employer to file for H1 (even if you have to share the fees)
So what is the suggestion, keep my fingers crossed and get on EAD or get the extension........
----- Keep the EAD, with you, don’t use it, once you use (primary applicant) you are no more on H1 status
Also what if my wife uses her EAD.
---- If your wife uses EAD and you don’t use EAD then you can be on H1, but your wife will lose H4 status the day she uses EAD (and she has to enter US in future by AP), best option is to get your H1 and your wife H4 extended, once she gets H4 extension, she should get H4 Visa stamped in her passport by Revalidation in US. Then let her use EAD, and if she wants to be again on H4 she can just exit US (Canada, Mexico or re-enter from India trip) and re-enter on H4 status as she will have H4 visa stamped in her passport and will get H4 status I-94.