EAD vs H1

[hummingburd]

Hi all,
I am sure somebody might have asked this question and answered but I couldnt find and need to know urgently, so posting here.

My Labor recently approved from NC-ATL, and ready to file for 140 & 485. I asked my attorney to apply EAD for myself. But she is saying as I have valid H1 for 2 more yrs, its not required and simply waste of money ($300) every year. But I am concerned about my current job so worrying in case i get laid off.

Could somebody shed some light, EAD is very safe for me right. Once I have EAD i dont need any support from an Employer such as for H1 they need to sponsor.

thanks in adv.

 

[will_get_there]

u will still need H1

I think ur. lawyer is right. With a valid H1 for 2 years you can use it instead of EAD. Now if u lose the job, in any case even if u have EAD u won't be able to use it since ur. GC will drop when the current employer withdraws the 140 petition.

U can use EAD once ur. 140 is approved and 485 is six months pending, however then also I would prefer to use H1 since if the 485 is denied for any reason whatsoever, I will be out of status immediately. Thus if H1 is still valid, I can continue my job on H1 (provided I did not use the EAD)

Another side of the coin is that you get more job offers if u have EAD since the employers see it as better than H1. So from that point of view, $300 for EAD is not a big price. Now once the prospective employer has called, you can twist the case towards corp-to-corp type contract instead of using EAD so I see some benefits of having EAD even if I don't use them. It is a bargaining chip in ur. hand.

will_get_there