EAD renewal

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CouldNotPost

Registered Users (C)
i got an EAD+AP with my 485 app. i never used the EAD (no I-9). i did enter on AP and continued working on H1-B for the same employer. also, i never had an H1 stamp (but an F1). now I need EAD as my H1-B expires in Sept.

Questions:

a) In the application for EAD, do i select Initial or Renewal since I never used my EAD. My EAD expired in Dec 2003 - does it matter ?!! can i not mention it ? (my H1 was valid all along, and i have never changed employers)

b) Should I also go for 7th yr H1-B extension ? what are the merits/demerits ?

any help is much appreciated...
 
CouldNotPost said:
i got an EAD+AP with my 485 app. i never used the EAD (no I-9). i did enter on AP and continued working on H1-B for the same employer. also, i never had an H1 stamp (but an F1). now I need EAD as my H1-B expires in Sept.

Questions:

a) In the application for EAD, do i select Initial or Renewal since I never used my EAD.
----Renewal
My EAD expired in Dec 2003
does it matter ?!!
------NO
can i not mention it ? (my H1 was valid all along, and i have never changed employers)
---- you are on H1
b) Should I also go for 7th yr H1-B extension ? what are the merits/demerits ?
-------- go for 7th year H1 extension, if anything goes wrong with I-485 you will still have status to stay in US and can also bring your spouse to US on H4.
being on H1 is in your intrest.
** I will asl apply for EAD and AP and will apply EAD AP 6 months advance. one can have H1 status and sill can get EAD and AP . it is up to you to use EAD AP or not
any help is much appreciated...
Click to expand...
 

thanks ginnu.

sorry, i should've asked these two qs earlier...

for Q13 and 14, should these be the responses ?

Q 13. Manner of Last Entry:
AOS

Q14. Current Immigration Status:
H1-B

thanks again...
 
Wait a minute!

I thought if you use AP to enter, your H1-B will be invalidated. Hence, you are automatically on EAD? So you may have to make sure with the lawyer that you are not out of status. Am I right? Anybody knows about this?
 
inPhilly said:
I thought if you use AP to enter, your H1-B will be invalidated. Hence, you are automatically on EAD? So you may have to make sure with the lawyer that you are not out of status. Am I right? Anybody knows about this?
Click to expand...

By entering on AP your H1 status does not get changed. You could continue using your H1 and extend it if necessary even if you have used AP to enter the country. Using EAD is optional. There is a posting at Sheela Murthy's website check it out.
 
Ak2003 said:
By entering on AP your H1 status does not get changed. You could continue using your H1 and extend it if necessary even if you have used AP to enter the country. Using EAD is optional. There is a posting at Sheela Murthy's website check it out.
Click to expand...

CouldNotPost, please contact your lawyer immediately to make sure. My lawyer told me today that using AP will invalidate H1B. and one of my friends' lawyer also said so. she said "if you use AP, then you must have EAD since your H1B is not valid anymore. There is a chance if you 140 gets denied, you are out of status immediately". But if you get you H1B stamped in stead of using AP to enter, you can still use H1B in US.

There is no harm to confirm because if AP did invalidate your H1B. You are not in status anymore.
 
approved

today i recd approval email from the USICS website for my 2nd EAD...
thanks for your replies earlier on in the process...

EAD ND: Jun 7, 2004
TSC...
 
CouldNotPost said:
today i recd approval email from the USICS website for my 2nd EAD...
thanks for your replies earlier on in the process...

EAD ND: Jun 7, 2004
TSC...
Click to expand...

and i recd the EAD card yesterday, Jul 27th - valid for one year...

now i await the BIG ENCHILADA... hopefully without having to re-apply for EAD... hopefully before the trees start shedding again...
 
I know there are memos that talk about 'Use of AP will not void H/L Status'

But it is not still very clear. Many Attroneys do not agree that use of AP does not void H/L Status.

In my opinion, the most conservative approach is either stick to H/L status or use AP and EAD.

Also, If you use AP your I-94 will be stamped till the expiry of current AP.

You can get back to H/L status, if you apply for H/L extension and it is approved. In this case you will get new I-94 based on the extension.

This is my understanding based my experience with Immigration Attroneys.


--Not a legal advice.
 
nnarayanus said:
I know there are memos that talk about 'Use of AP will not void H/L Status'

But it is not still very clear. Many Attroneys do not agree that use of AP does not void H/L Status.

In my opinion, the most conservative approach is either stick to H/L status or use AP and EAD.

Also, If you use AP your I-94 will be stamped till the expiry of current AP.

You can get back to H/L status, if you apply for H/L extension and it is approved. In this case you will get new I-94 based on the extension.

This is my understanding based my experience with Immigration Attroneys.


--Not a legal advice.
Click to expand...

first of all I DO NOT KNOW what the laws are - i wonder who does !! all i have is my experience:

i continued on my H1B AFTER using AP... and a couple of days ago, my EAD was approved (i'll be switching now, as i've completed 6 yrs on the H)...

re. I-94, when i returned i got an AOS (indefinite) stamp on my passport and NOT the last day of AP validity...

as an epilogue, based on my experience in the last couple of years, i would take the advice of certain senior members on this forum e.g. jaxen, poon, goastros etc. over my attorney IN A HEARTBEAT...

cheers !
 
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