Txtraveler
Registered Users (C)
So once you file for the I-485, is it recommended that you maintain your H1-B extension route or go to EAD? what are the advantages of one versus the other if any?
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EAD vs H1-B
- Thread starter Txtraveler
- Start date
H1 in general
You can search the forums on this and there's been long discussion on this. Typically H1 is better because if the 485 gets denied and you had used EAD to work and had not renewed H1, you will be out of status right away. On the other hand if you were on H1, your status would continue to be H1 and you will have the opportunity to appeal or switch to another sponsor who will apply for AOS etc.
Weigh pros and cons before making any decisions.
You can search the forums on this and there's been long discussion on this. Typically H1 is better because if the 485 gets denied and you had used EAD to work and had not renewed H1, you will be out of status right away. On the other hand if you were on H1, your status would continue to be H1 and you will have the opportunity to appeal or switch to another sponsor who will apply for AOS etc.
Weigh pros and cons before making any decisions.
Jackolantern
Registered Users (C)
If you want to change jobs, EAD is much better because the next employer doesn't have to sponsor anything. But if you don't want to change jobs, H-1 is better. But get the EAD anyway. It doesn't invalidate your H-1 unless you actually use the EAD for a job.
Here's my situation.
1) H1 stamp on passport expired in 2006
2) Current 797 is valid till 2007 sept
3) 3 yr H1 extension filed based on 140 approval
4) 485 / EAD / AP will be filed shortly
Once I get EAD / AP in hand, and let's say I travel on AP. Is my H1 pretty much invalidated at that point? even though I stick to the same job? My concern is that I don't plan to get H1 stamp, not planning to visit my home country for that. Just want to travel for vacation and didn't want to go through the hastle of stamping. Suggestions?
1) H1 stamp on passport expired in 2006
2) Current 797 is valid till 2007 sept
3) 3 yr H1 extension filed based on 140 approval
4) 485 / EAD / AP will be filed shortly
Once I get EAD / AP in hand, and let's say I travel on AP. Is my H1 pretty much invalidated at that point? even though I stick to the same job? My concern is that I don't plan to get H1 stamp, not planning to visit my home country for that. Just want to travel for vacation and didn't want to go through the hastle of stamping. Suggestions?
I am in a similar situation...
I need to travel using AP as soon as I get it.
Will use of AP nullify my current h1 status.
I am yet to receive both the EAD/AP.
gurus...any ideas?
pls. post
TIA
Here's my situation.
1) H1 stamp on passport expired in 2006
2) Current 797 is valid till 2007 sept
3) 3 yr H1 extension filed based on 140 approval
4) 485 / EAD / AP will be filed shortly
Once I get EAD / AP in hand, and let's say I travel on AP. Is my H1 pretty much invalidated at that point? even though I stick to the same job? My concern is that I don't plan to get H1 stamp, not planning to visit my home country for that. Just want to travel for vacation and didn't want to go through the hastle of stamping. Suggestions?
I need to travel using AP as soon as I get it.
Will use of AP nullify my current h1 status.
I am yet to receive both the EAD/AP.
gurus...any ideas?
pls. post
TIA
You guys may want to read this website: immigration-information.com/forums/blog.php?b=10
It explains why it doesn't make sense to burn your 6years on H1b when you already have an EAD/AP. If you're on H1, burn 6 years, get 485 rejected, you're screwed. You can't extend you H1b and you're GC is dead too.
If you switch to EAD/AP, and then get the 485 rejected, you can leave the country, stamp H1b visa (for residual time), reenter. Unless you were out of the US for over 365 days, you don't have to re-enter the quota either, so it's very quick to do this.
Of course, your specific nature will need a lawyer for the best opinion - but the general framework is uniform to all. Read the link above for details.
Yeah, immigration law IS overcomplicated, especially for highly educated professional like us. I hope it becomes more merit based someday ...
Good luck folks ...
Cheers
Sid
It explains why it doesn't make sense to burn your 6years on H1b when you already have an EAD/AP. If you're on H1, burn 6 years, get 485 rejected, you're screwed. You can't extend you H1b and you're GC is dead too.
If you switch to EAD/AP, and then get the 485 rejected, you can leave the country, stamp H1b visa (for residual time), reenter. Unless you were out of the US for over 365 days, you don't have to re-enter the quota either, so it's very quick to do this.
Of course, your specific nature will need a lawyer for the best opinion - but the general framework is uniform to all. Read the link above for details.
Yeah, immigration law IS overcomplicated, especially for highly educated professional like us. I hope it becomes more merit based someday ...
Good luck folks ...
Cheers
Sid
TheRealCanadian
Volunteer Moderator
I'm not sure what the worry about I-485 rejection is all about. There are very few I-485 denials, and most are related to employment switching, which tends to invalidate the H-1 anyways.