EAD or Stay on H1B ??

P

priya_s

Registered Users (C)
guys please advice!!

My 140 was approved recently and i am in a bind weather to apply for EAD card and AP or just stay on H1 visa. I have about 1 year left on my present H1 and i can extend it furthur if required as my 6 years is not up yet.
Is there any advantage one way or the other ?. What if I wanted to change my job after I took an EAD card ?. What happens than ?. Can I apply for a new H1 for the new company ?. If I just get an EAD, will my H1 still be valid or will it automatically become invalid ?.

Thanks a lot in anticipation..
 
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Priya, there have been innumerable posts on this topic. You can search archives on this topic. however one thing, applying for EAD and AP does not automatically means that a person is on EAD ( or is using EAD) so there is no harm in applying and getting EAD/AP approved. Once u have EAD and AP approval, u can decide whether u want to use EAD or remain on H1.

Hope this helps
 
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I would apply for EAD and not care about AP..
bcoz AP is needed ONLY if you dont have multiple entry H1.
Just get EAD and dont use it for your current employer.
You could use it for second job etc...(or >180day thing)
That does not affect your primary H1/485 process...
ONLY if you use EAD for your current employer you are out of H1
and you need AP to travel.
If your company is willing to spend extra $95 for AP go ahead...
 
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I don;t totally agree with you have mentioned here INS Nightmare.

Once you use, EAD, your H1 status is cancelled ( irrespective whether u are using with current employer or new one ).

and once u have used EAD card, u will need AP to come back to US( in case u go out of US ), having multiple entry H1 WILL NOT help then ( in case EAD has been used !!)

Ofcourse this is all what I have understood and read on these discussion boards ( immigrationportal and www.isn.org ).

one might want to confirm these things listed here with company lawyer before committing to anything.
 
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Agree, no matter which company you are using EAD with, your H1 will stop counting down...
 
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http://www.immigration-law.com/H-1B.html
Read last few lines here...

2. If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status?

Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-1 or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved I-129 petition and engage in employment for a separate employer.
 
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Well if you use EAD and want to leave the country you can not leave unless you have AP. and I think AP costs about 250 dollars not 95.
Its better to apply for both EAD and AP, thought about using it or not can be put on in later stage.
 
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AP costs $95 in application fee. add your attorney fee to it.
(it is a simple form and you can fill it in by yourself)
 
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Thanks all. Boy! You\'ll were fast in responding to my fix. I am sorry for not searching for previous posts on this subject. I will do as most of you have suggested and get the EAD and AP and worry about using it later.

Bye.
 
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EAD approved !!!

When I call INS help line, it says my EAD is approved and
it may take 120 days to actually to receive the card.

It\'s not 90 days passed, since I filed for EAD. Can I go to local
INS office and get my passport stamped with EAD (since the help
line says the EAD is approved) ?
 
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