EAD Renewal Vs. H1B Questions - Please Help !!!

Hitech Guy

Registered Users (C)
My wife has been working on EAD since May, 2002. She did file a new I-9 form with her current employer and she also happen to work outside (parttime) for another employer using the same EAD. Her EAD is going to expire on April 18, 2003. We did apply for the renewal last week. Looking at the messages in the forum, I am assuming that she is not going to get the renewal approved before the current EAD expires. I am trying to explore if there are any options other than not working/getting paid until she gets the renewal approved.

The H-1B she had with the current employer is still valid until June 2004. I understand that H-1B became invalid once she started working on EAD. My questions are....

1. Is it possible to switch back on H-1B when the current EAD expires as the H-1B expires only next year ? OR does she have to apply for a new H-1B or H-1B extension with the same employer ?

2. She recently travelled to Inida and entered US using her AP. Assuming that she can infact switch to H-1B, does she need to travel outside US and reenter to update her I-94 to show H-1B status ? As far as I understand, she doesn't have to as one can be in H-1B status and still can use AP to enter the U.S.


Any info/ideas/suggestions will be greatly appreciated.
 
By using EAD for the part time employment I think she reduces her avenues of getting back to H1. This is my take.

AP usage will not prevent somebody from going back to H1. You can file a new I9 as long as the employer is the same. But the part time employment might be a hurdle.
I would suggest to consult a lawyer...
 
Thank you.....

I did talk to a attorney yesterday and he says she can switch back to H-1 without any problem (we did mention the part-time job to him)......trying to get a second opinion.

Thanks again !
 
I have to go to Mexico to get H-1 since EAD renewal won't come in time.

WAC 02-046-xxxx
EAD and AP will expire mid March. Filed renewal several weeks ago, not likely to get it before old one expire.

So attorney will acompany me to Mexico to get H-1, so I am back on H-1 to continue work full time.

I got RFE 3+ months ago. I was told my case was submitted to a special division in INS to check why I have not got a reply after 90 days since they received my RFE.

Hopefully I get approved before the EAD and AP renewal arrive.

Keep praying...
 
Can you explain please ?

ImmigrateMe,

>> So attorney will acompany me to Mexico to get H-1, so I am >> back on H-1 to continue work full time.


I don't understand why you are making a trip to mexico to get back on to H-1. Is it just because you need to re-enter the country and get a new I-94 reflecting H-1 status or are you going to get a visa stamp at a U.S. consulate in Mexico ???

Can you please explain ? My wife also is in the same boat and we are definitely looking for more info on this subject.

Thanks much.
 
Hi,
My EAD valid till May 5 03. I send ead renewal on Feb 5 03. my H1b expires 20th Feb. Is it advisable to apply for H1b extension. I am with same co since day 1. does H1b extension cause any issue to 485 processing ?

please help

Thanks in advance.
 
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