EAD or H1B renewal, 3 monts left to expire

[zbd]

Hi,

140 Approved already. 485 pending...
This is second 3 year on H1B.

Question: Should I apply for EAD (and AP) for me and family (I guess they may issue for 2 years) or apply for H1B (and H4 for family)

My H1 will be expiring in October.

Please help guys...

 

[manwithnoname]

It all depends on the situation - if you are currently working on H-1 and you plan to stick to your employer, extend the H-1B for another 3 years and don't bother about EAD. On the other hand if you plan to change employer you can do a H-1 transfer. However, there are some employers who cannot sponsor H-1 - in that case you can use the EAD. Anticipating this scenario it may be necessary for you to apply for EAD.

 

[Jackolantern]

If you are laid off, you'll need to find another "same or similar" job fast or USCIS may deny your I-485. Finding that next job will be more difficult if you only have an H-1B and not an EAD. So at a minimum, it is highly advisable for you to get an EAD for yourself. Kids don't need an EAD if they are too young to work, and your wife doesn't need it if she doesn't plan to work anytime soon.

If you filed your I-485 after last year's July fiasco and you paid the all-inclusive $1000+ fee for each person in your family, everybody's EAD and AP are included at no additional cost.