EAD to H1 confusion

T

tangohi

Registered Users (C)
Hi
I have applied for family based AOS. I am stuck in name check and have been using EAD to work. Prior to EAD I was on H1 for a year. We are having some problems in my first EAD renewal and the university where I work does not feel comfortable waiting till the last minue for getting EAD approved even though we mailed renewal documents more than 100 days before the expiry date as it creates uncertainty related to many issues including finding coverage for patiens in case I do not get renewal in time. They are willing to sponsor H1 for three years so that there is some certainty for the three years. My question in can I apply for H1. Once it is approved I will go out of country and return on H1. Is this possible. I have received different advice from people. Would my AOS be affected by this.
 
tangohi said:
Hi
I have applied for family based AOS. I am stuck in name check and have been using EAD to work. Prior to EAD I was on H1 for a year. We are having some problems in my first EAD renewal and the university where I work does not feel comfortable waiting till the last minue for getting EAD approved even though we mailed renewal documents more than 100 days before the expiry date as it creates uncertainty related to many issues including finding coverage for patiens in case I do not get renewal in time. They are willing to sponsor H1 for three years so that there is some certainty for the three years. My question in can I apply for H1. Once it is approved I will go out of country and return on H1. Is this possible. I have received different advice from people. Would my AOS be affected by this.
Click to expand...

If you do not EAD within 90 days you can get Interim EAD at your Local office.
 
Tongochi,

I had the same question too. I just renewed my EAD which will expire next month. I don't expect it will get approved next month. Meanwhile, my company filed a new H1 for me. The company lawyer said I need to go out of country to apply for a visa stamp in order to use that H1. However, another lawyer who did my I-485 said, 'if the new H1 comes with I-94, I don't have to go out of country. I can just use this H1 while I am in USA'. Also I am afraid of getting rejected when I apply for H1 visa stamp in a third country. I don't know which one to believe.

RealCanada, could you shed some light on my concerns?

Hope
 
hope_Nov said:
However, another lawyer who did my I-485 said, 'if the new H1 comes with I-94, I don't have to go out of country. I can just use this H1 while I am in USA'.
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This is correct. If it comes with a new I-94, you are just fine. If not, you need to leave the US, get a stamp and re-enter in order to be back in H1 status.
 
TheRealCanadian said:
This is correct. If it comes with a new I-94, you are just fine. If not, you need to leave the US, get a stamp and re-enter in order to be back in H1 status.
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So the question is whether his H-1B can be approved with I-94 attached while he is currently working with the EAD? Can you answer this question?
 
immiq said:
So the question is whether his H-1B can be approved with I-94 attached while he is currently working with the EAD? Can you answer this question?
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If he's still working for the same employer, then maybe. I have not seen this type of a case but there doesn't appear to be anything in the law to prevent USCIS from doing this. Wether they will or not, I would not want to speculate.
 
hope_Nov said:
Tongochi,

I had the same question too. I just renewed my EAD which will expire next month. I don't expect it will get approved next month. Meanwhile, my company filed a new H1 for me. The company lawyer said I need to go out of country to apply for a visa stamp in order to use that H1. However, another lawyer who did my I-485 said, 'if the new H1 comes with I-94, I don't have to go out of country. I can just use this H1 while I am in USA'. Also I am afraid of getting rejected when I apply for H1 visa stamp in a third country. I don't know which one to believe.

RealCanada, could you shed some light on my concerns?

Hope
Click to expand...
Even easier way. After your h1-b is approved with I-94. Go to canada and come back WITHOUT stamping using Automatic Visa Revalidation.

your company lawyer is correct about going out of country. But to avoid stamping hassle, you can go to canada and use automatic revalidation. you should be fine.
 
I went today to local office. What they tell me is that I need to do biometrics and then I will receive EAD in five to ten days. However, if I do biometrics and my EAD gets approved then I have to wait till I get EAD card. I cannot get interim EAD. Should I wait till Jan 26 for 90 days to be over and get an interim EAD or get biometrics done on Tuesday 18 th. I do not want to be in a situation where I have an appoved EAD and waiting for card and am unable to get interim EAD. I cannot afford any gaps as it will be extremely messy for malpractice coverage and other issues.

Second, regarding the H1 issue if I do not get I94 with approval is it possible that I continue on EAD till l go out of country and then come back and work on H1 after stamping in third country. Getting a date for H1 in India is a problem.

What is automatic revalidation.
 
TheRealCanadian said:
If he's still working for the same employer, then maybe. I have not seen this type of a case but there doesn't appear to be anything in the law to prevent USCIS from doing this. Wether they will or not, I would not want to speculate.
Click to expand...
So you answered “maybe” and no one knows that actually. I hope the question poster will report back so the expert will know the answer.
 
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