EAD or H1B extension HR debate

A

askthequestion

Registered Users (C)
Hi,

I am in a dilema to choose between EAD or H1B extension. I am expirinng my H1B in March,08 with 6 years completed on H1B.

I am EB-3 , India with approved I140 and I485 pending ..I recently received EAD cards both for myself and for my wife...

Since this is year ending, I am eligible for lower $10K's bonus

... When I asked for H1B extension, my HR shocked me that they would deduct the H1B visa charges from my bonus.....I dont mind the deduction. But Since I have already EAD card ( for spouse too ) , do I really need to extend the H1B visa?.

Here are my questions....

1. If so, on a pending I 485 having the H1B 6 years limit over, how many years can I get the extensions?

2. What are the pros and cons using EAD over extending H1B?

Could someone help me in this ?

Any help will be greatly appreciated...

Kind regards,
 
I was in the same situation and decided not to renew my H1B. The risk is that if my I485 application is rejected for some reason I will not have a backup status. However, thanks to retrogression USCIS will not be looking at my application anytime soon so I will worry about this in 3- 4 years from now. Meanwhile, I will enjoy the freedom that the EAD gives in terms of flexibility when changing jobs (you still need to stay in the same or similar position so that you do not jeopardize your I485 application). I don't know if you can extend your H1B over the 6th year provided you have already applied for AOS. I think you have this option only before you apply for I485 and when you need to maintain status. I could have asked an attorney on that as I used to get unlimited immigration consultations for $16/month through my family legal plan but I cancelled the subscription since I was not using it much. You can check out the legal plan for yourself though: www.lxxxxxs.info . Hope I could help.
 
Last edited by a moderator:
My H1B ends in May 2008. I filed my AOS in July, and got my EAD and AP approved, but I don't plan to use it. I told my company to apply for extension for 3years based on the approved I140. So, it can be extended for 3 years as the I-485 dates are not current. I wanted H1 for couple of reasons - one was not renew my Driving License every year; will be useful if I plan to get married outside the country.
 
1. If so, on a pending I 485 having the H1B 6 years limit over, how many years can I get the extensions?

Since your I-140 is approved you wil be able to get a 3 year extension of your H-1b

2. What are the pros and cons using EAD over extending H1B?
Only real con is that if your I-485 is refused then you will be out of status and have to leave if you give up the H-1B. If you keep the H-1B then you can re-start the process again if your I-485 is not approved, it is like a fail safe.

If you have the choice keep renewing the H-1, also your company should not be able to by law to charge you for any costs incurred regarding H-1B.
 
askthequestion said:
... When I asked for H1B extension, my HR shocked me that they would deduct the H1B visa charges from my bonus.....I dont mind the deduction. But Since I have already EAD card ( for spouse too ) , do I really need to extend the H1B visa?.
Click to expand...

When you first started working for them, did they not agree to do your H1?
H1 cost is part of the company's operating expense. And you should not pay for it. As Darren pointed out, by law, H1 cost should be beared completely by the company. If they try to pass that cost to you, then when USCIS/DOS comes to know about it, your company will be in trouble.

If I was you, I would talk to my hiring manager/current manager. If yours is a big company, more than likely your salary and other expenses will be part of your department's annual budget.
And I would definitely mind the deduction.

You are getting a bonus at the end of the year because you performed well and contributed to the company's success.
Your HR is just being silly by trying to short change you of your bonus just because your renewal discussion came around the time when the bonus is paid out.

darren102 said:
If you have the choice keep renewing the H-1, also your company should not be able to by law to charge you for any costs incurred regarding H-1B.
Click to expand...
 
Last edited by a moderator:
but...

Hi BgRose,futurewizard,resident,Darren and Chitti,

Thank you for your time in answering my questions.

However, that is true. My offer letter ( from back in 2004 ) says all the greencard and H1b charges will be paid by the company blah blah.....

But If I get H1B extension for 3 years on the basis of approved I140, if my AOS gets denied ( say ), will H1B extension be invalid?. I thought rejected AOS will invalidate I140 which in turn invalidate H1B extension...

If I can still keep my H1B even AOS is rejected ( if I switch company before 180 days of AOS pending ), I think I would go for H1B extension for 3 years....

I think I will run this by my manager so that HR gets 'enough' from my manager.....Normally she is a nice lady, I dont know why she did say that...

could you please answer my question?

Q : If I get H1B extension for 3 years on the basis of approved I140, if my AOS gets denied ( say ), will H1B extension be invalid?. I thought rejected AOS will invalidate I140 which in turn invalidate H1B extension...
 
H1B and I140 are each based on their own independent labor certificate.
If they just deny your AOS, then your H1 will not be affected. This is the whole reason why some people/lawyers recommend to keep H1 as a fall back.
Even if you change jobs, you could still transfer the H1 to the new employer; and the new employer can continue your AOS.

Keep in mind that if they notice any issue with your AOS and decide to dig further and find issues with the earlier approved H1 petition, they could revoke that. If that happens, then they will cancel the H1 retroactively i.e. it would be considered "denied" on the old date when it was initially approved. And you would have accumulated illegal presence since that date.

But.. from reading these bulletins, there is a very very small chance that AOS will be denied after I140 approval.
 
Thank you

Hi Chitti,

Thank you for your time. Yes, I also 'heard' that some times EAD extension takes for ever.. In stead I would like to keep my H1B extended....

Thank you for your help.

Kind regards
 
You must log in or register to reply here.
Top