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EAD vs H1
- Thread starter deepa3
- Start date
krishna raj k
Registered Users (C)
Ginnu:
I didnt make it clear. All what I said was in reference to the 7th year extension. H1 on the 7th year becomes invalid if you change company and you need an EAD to change.
Also, with 485 pending, how can you go out and apply for a H1 visa? what will you answer to the question asking if you have ever applied for immigrant visa before ? The law in this country considers perjury to be much bigger than admitting a fault.
nkm: you are right I-9 is an BCIS form but does not need to be sent to them until asked. Unlike the w4 which should be updated with IRS. The point I was making is that nothing needs to be done at the BCIS office.
I didnt make it clear. All what I said was in reference to the 7th year extension. H1 on the 7th year becomes invalid if you change company and you need an EAD to change.
Also, with 485 pending, how can you go out and apply for a H1 visa? what will you answer to the question asking if you have ever applied for immigrant visa before ? The law in this country considers perjury to be much bigger than admitting a fault.
nkm: you are right I-9 is an BCIS form but does not need to be sent to them until asked. Unlike the w4 which should be updated with IRS. The point I was making is that nothing needs to be done at the BCIS office.
1. With pending I-485 you can go out, nobody asks you any thing when you depart US, you may be having AP with you nobody is going to look at your AP when you depart, you can get the H1 stamp and re-enter US on H1 and will get I-94 as H1 status.
2 When you apply for H1 Visa your answer will be YES that I-140 immigrant petition was filed for you, you are not lying, H, O Visa have dual intent, one can apply for immigrant visa and I-485 and still can be on H1 and can get H1. many are on H1 and still apply for H1 and H1 revalidation even after the I-485 is filed and pending Ginnu has posted 2 INS/BCIS Memo in Past I hope you have not read them fully. You badly need a good immigration lawyer and you are totally confused man and seek legal advice
2 When you apply for H1 Visa your answer will be YES that I-140 immigrant petition was filed for you, you are not lying, H, O Visa have dual intent, one can apply for immigrant visa and I-485 and still can be on H1 and can get H1. many are on H1 and still apply for H1 and H1 revalidation even after the I-485 is filed and pending Ginnu has posted 2 INS/BCIS Memo in Past I hope you have not read them fully. You badly need a good immigration lawyer and you are totally confused man and seek legal advice
krishna raj k
Registered Users (C)
I guess, you dont even know the problem we are discussing. I clarified that I ma refering to the 7th year H1. Take all the trouble of going overseas and getting a H1 stamp. Whats the point. you have to get an EAD to change employer. If he lays you off, use EAD. If not, and you continue on HIS H1. You only are on his H1 because the moment you leave him, you are out of status and nowhere to go.
In case you are <6 years. If you doubt that he will do something within 180 days, maybe not. Or if you have a criminal record. Otherwise get an EAD asap since there is no rejection otherwise. If you are afraid of your emp, still get EAD since its MUCH better than restarting your GC process.
In case you are <6 years. If you doubt that he will do something within 180 days, maybe not. Or if you have a criminal record. Otherwise get an EAD asap since there is no rejection otherwise. If you are afraid of your emp, still get EAD since its MUCH better than restarting your GC process.
krishna raj k
Registered Users (C)
and BTW Iswar
Dont run to conclusions on who needs a lawyer. We are just discussing. Dnt run into conclusions since you are the one really confused.
Dont run to conclusions on who needs a lawyer. We are just discussing. Dnt run into conclusions since you are the one really confused.