EAD to H1b

E

eb2007

Registered Users (C)
I've received my EAD (AOS, EB1-OR, both140, 485 pending) and also applied for H1b academic (currently on J1) which will be active from May 1st 2008.
Can I use my EAD now and later on switch back to H1b without leaving the country? Or do I've to get back after stamping from my country?
I want to use EAD as I'll working part time on a license which is only valid for 1 year and is nonrenewable (Its imp for me to use EAD).
Is it safe to start using EAD now (from J1) or should i wait to get H1b first (May 1st) and then switch to EAD. I believe by doing this I'll jump from dual intent visa to EAD and can later on utilize the remaining portion of H1b (if 140 gets rejected). Will using EAD that time invalidate my H1b visa or it still be useful for the remaining time?
Pls correct me if I'm going for too risky proposition. But it appears that I've no option other than using EAD...
Pls reply soon.
 
To my understanding, using EAD invalidates J and H status and your status becomes AOS. One can try to get back to H1 by filing a new petition, but it may be denied, or I94 not issued, so you will be required to do stamping and reenter the country.
 
Since I'm working for University I feel re-entering should not be a problem. Pls answer my remaining questions also. Others please provide some insight in this issue.
 
In the other thread you said you will be using the part time job for intern requirement.

I do not know about your situation perfectly. But If I were you, I will be vary of using EAD just to work in the part time volunteer??? job.

I will keep my H1B and wait till my EB1 is approved then I will start using EAD. It is just a matter of couple of months. In that case at least one part of the journey is completed.
But still I may get a RFE for I485. you never know how IO will act.
 
Thanks NIW help. I'm weighing all the options to utilize my intern license which is nonrenewable after a year.
Is it possible to change from EAD to H1b without leaving the country??
 
Thanks nscagaony!! I'll change to H1b (from J1) from May 1st onwards. Is it better to first change to H1b then use EAD and hence later on use remianing duration of H1 if 140 is denied?
 
The law seems to be fuzzy on this. Some people report being able to re-enter on the H1B petition if it was less than a year break in between (when you left H1B status and moved to AOS). Some people say you need to re-instate/amend the H1B petition. Others say you need a new one. Since its an academic H1B its not a problem either way though.
 
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