EAD vs H1 - Question for Gurus

R

RFEJAN02

Registered Users (C)
HI,

I am working on EAD since March 2002, before that I used my 3.5/6 Years H1 Quota. As a worst case if I don't get my GC do I am still able to use my remaining 2.5 years of H1 quota? Or this one year period of EAD also counts to the 6 years H1 limit?

Thanks,
 
As I understand - if you have used EAD to work for another employer than the sponsoring employer - your H1 is not longer valid. If you would want to go back to H1 for some reason - you will need to apply again - I am not sure if you can get that H1 for 6 years or not. Logically you should as you have not maintained your H1 continuously.
 
I think Abhi_01201 is right. Once you started using your EAD you lost your H1 status. You will need to apply for H1 again if you want to be on H1 status. The EAD period should not count towards the 6 year limit for H1.
 
I believe what zztop and abhi_ said is correct.

Again, if you have started to use your EAD, your H1B visa/status will be void. You will have to apply for H1B again. The period in which you are using your EAD does NOT count towards your H1B.

H1B is good for maximum of 6 years (with the new law now you can technically keep extend it yearly).
 
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