EAD to H-1B

M

maulikthakkar

Registered Users (C)
Has anyone heard of EAD to H-1B ?

My I-485 has been transfered to Hartford,CT office on 10/09/02. My EAD expires in a couple of days.
It's a cat & mouse wait game.

I'm working on EAD. I have a valid H-1B from previous employer.

One attorney suggested going back to H-1B if EAD does not get approved on time.

Any experiences, comments, opinions ?
 
valid H1-B?

i'm not an attorney, but it seems to me that you can't have a valid h1-B if you have been working on EAD.
I mean, you can probably apply for one and since H1-B is dual intent you'll probably get one no problem.
 
maulikthakkar

Yes it is possible.

It is true that H1B gets void if someone works on EAD and current immigrant status becomes AOS. H1B is for future immigrant status if 485 is denied for some reasons and that is very rare.

One can apply for H1-B and continue working for EAD till one gets the actual GC. Applying H1-B is safest bet.

I, myself is on EAD but company lawyer is insisting to go for H1B.

Hope this helps.
 
I think EAD voids existing H1

Hmm..I think u said H1-B from my previous employer, as far as I know, taking up employment on the basis of your EAD voids your H1 status and you begin to come under "adjustment of status" ...uh...that is your legal status at that time. However I am not sure, what's the scenario if you apply for a new H1 ?!
 
I don't know when I will get call for my interview from Hartford,CT. Based on Stats I had hoped my I-485 would get approved Sept/Oct'02 Timeframe, instead it got transfered.

Fortunately I did apply for my EAD extension but I fell short of 90 days by two weeks. The funny part is, I sent mine and my wife's EAD extension application together in one envelope. Her's got approved and we received her EAD within 9 calendar days and Mine's still pending.

The receipt notice says 60-90 days. I was told I can't walk into a local INS office and request one before 90 days.

I will be out of work come 12/05/02 if I don't hear back from INS for either of my cases. I'm aware I won't lose my status, but I will be out of work. Another probable alternative get back on H1B.

I have my fingers crossed.

Appreciate everyone's comments/opinions.

Sincerely,
Maulik Thakkar
 
Re: maulikthakkar

Originally posted by sam99
Yes it is possible.

It is true that H1B gets void if someone works on EAD and current immigrant status becomes AOS. H1B is for future immigrant status if 485 is denied for some reasons and that is very rare.

One can apply for H1-B and continue working for EAD till one gets the actual GC. Applying H1-B is safest bet.

I, myself is on EAD but company lawyer is insisting to go for H1B.

Hope this helps.
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Appreciate your opinion.
 
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