EAD vs. H1-B

[sp rao]

My I-485 is on hold, due to my company name change. My wife\'s I-485 is also on hold. Now she is on H1-B, her H1-B will be expired by SEP, 2001.
She has the option of extending H1-B for another 3 years. Since she can apply for EAD, I am wodering which option is good whether EAD or H1-B renewal.

thanks

 

[Sneha]

No Title

If your wife is planning to work for the same employer, then it is better to be on H1. The reason is you have to renew EAD every year whereas H1 is valid for 3 years. If you are on bench with EAD, the employer is not legally bound to pay. Also, if your 485 is rejected, you can still stay in US if you have H1.

just my 2 cents.
Sneha

 

[KVoora]

No Title

If she is currently working and going to continue with her employer (who sponsored the H1) then she should extend her H1 and remain on H1 status. Applying for EAD and getting one gives you more options in case the current employer fires her.