EAD Vs. H1-B

indian12

Registered Users (C)
Hi Gents,

Please forgive me for asking this question as I couldn't find the answer for it. In case if it has already been answered before then please someone point me to the right direction. Let me briefly explain my situation. Currently I am working on H1-B visa which is valid til Feb. 2005 and after that I can extend it for another year. My I-140 has already been approved in May'04 and yesterday I got my FP notice as well. I have an approved EAD which I never used and it will expiring by end of this year and I am in the process of sending the EAD renewal application.

The dilema I have is whether should switch to EAD or should I continue using my H1-B and file my H1-B extension before it expires. Is there any advantage/disadvantages in working on EAD vs. working on H1-B visa. I don't intend to change the employer right now. But before I make my decision about using EAD, I just wanted to know what you guys recommend in this case. By the way, do I have to go to India for H1-B visa stamping in case I decide to file the H1- extension?

Sorry for the long posting.
Regards,
 
indian12 said:
Hi Gents,

Please forgive me for asking this question as I couldn't find the answer for it. In case if it has already been answered before then please someone point me to the right direction. Let me briefly explain my situation. Currently I am working on H1-B visa which is valid til Feb. 2005 and after that I can extend it for another year. My I-140 has already been approved in May'04 and yesterday I got my FP notice as well. I have an approved EAD which I never used and it will expiring by end of this year and I am in the process of sending the EAD renewal application.
--- send the EAD renewal
The dilema I have is whether should switch to EAD or should I continue using my H1-B and file my H1-B extension before it expires.
------- file the H1 extension it has advantages for you
Is there any advantage/disadvantages in working on EAD vs. working on H1-B visa. I don't intend to change the employer right now. But before I make my decision about using EAD, I just wanted to know what you guys recommend in this case. By the way, do I have to go to India for H1-B visa stamping in case I decide to file the H1- extension?
------ you dont need to go to India after H1 extension approval is recieved for Visa stamping you will get I-94 extended and attached with H1 extension approval. later when you go to India for visit then H1 visa stamped and if delay in Visa stamping better apply AP now and keep the valid AP with you and you can use the AP if any delay or problem for H1B stamp. H1 has advantage like if due to any problem with I-485 unfortunately gets denied you will still have H1 to work or stay. as you dont want to change employer it is better to be on H1 status and nothing wrong if you want to use EAD, it all depends on you
Sorry for the long posting.
Regards,
 
Last edited by a moderator:
Thanks Ginnu for your prompt response. I really appreciate it. So bottom line is that it's better to continue working using H-1B rather than swicthing to EAD, right :confused: ?

Another question I had was that is there any advantage in going for early FP? As I keep hearing it from different sources, I was also considering about it. But I just wanted to know what you guys think.

Thanks,
 
around june/july early FP has an advantage at CSC, but since the folks at NSC are so slow, that going early FP does not really have any advantage since I believe that FP notices are send out by contractors, and then when FP results are received the adjudicator will look at your file, since the adjudicator is slow anyways, he won't be able to get to your file sooner and he will take his time hence going early FP has no disadvantage.
 
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