EAD or H1B extension:

M

myGC

Registered Users (C)
I guess most of us come across this topic and this has been discussed alot.
Can anyone answer me if going for EAD or H1B extension is the better choice.
I have comlpeted 5 yrs on H1 , I485 pending ND Oct 2000.
Also if I go on EAD, is it true that I am legal and in status without H1 or Visa.
Any repurcussions and disadvantages over H1.
 
No Title

you can have both, rather you should have both...i have an ead as of jan 01 and also extended my h1 3 more years
pros: considering i am only on ead, if my gc gets rejected, i will not be out of status since i am on h1
after getting ead, i can work for any place (kmart:) without bondings of h1!!
you might wish not to have ead, which is ok too
 
No Title

If you have EAD and use it, then you invalide your H1. The advantages of using EAD are: 1) you don\'t have 6 year limit. 2) You can work for anybody (be careful when you proceed this because it is tough when INS send you RFE). 3). Extending EAD is less expensive. The disadvanges of EAD are: 1). you have to extend it every year. 2). You will be forced to leave this country if your GC is denied.

If you keep your H1 (either you don\'t have EAD, or have EAD but don\'t use it), then you advantages are:
1). You don\'t have to extend it every year. 2). If you GC is denied for whatever reason, you are still in status provided your H1 does not reach 6 year limit, and you can redo you GC again.

Hope this will help.
 
No Title

Thanks! I have already finished 5 years of H1. So I guess at this stage I can extend H1 only year to year of H1B.
So it is almost like EAD ( having to extend every year).
If there is rejection then I guess there is nothing much to be done other than leave because my 6 year limit also reaches in a year.

Also you said about using EAD. "If you keep your H1 (either you don\'t have EAD, or have EAD but don\'t use it)"
Is there anything I need to do to use my EAD?? or is it becomes active automatically once I get an EAD approval and dont have a valid H1B approval. ( Dumb question but still it crossed my mind)

Any idea when they are going to open cases with ND=OCT-2000 ( FP DONE DEC-2000)
 
No Title

When you started your job on H1 visa, you filed I-9 form using H1 visa. Now if you ask your employer to file I-9 form with your EAD, then your EAD takes effect and H1 invalided.
 
You must log in or register to reply here.
Top