EAD vs H1B effetcive date

[bostondoctor]

I am applying for I-140 (EB1-1) and I-485 from the VSC. I am also planning to submit a EAD and AP. However, my H1B visa is valid till March 2005, and can be extended for 2 more years after that.
I am applying for EAD now for 2 reasons.
1) I have heard from some people that when the INS processes the EAD/AP forms, they do a preliminary check of the I-140, and this results in the I-140 getting approved in some cases. I do believe that my case is a reasonably strong case for EB1-1, and if there is a chance that the I-140 approval might be expedited (even if it is a remote one), I would like to give it a try.
2) However, I understand that if i start using the EAD/AP, then I would have relinquished the privileges of H1B, and hence in the event that my 140 gets rejected, I will be in serious trouble.
3) This brings me my main question. If I apply for EAD, but not use it when it arrives, would that mean that I am still under the H1B status? Does applying for EAD adversely affect me in future?
4) The second reason that I am planning to apply for EAD now is that immediately upon the approval of my 140, I would like to start working in a second job in addition to the primary job. This still has the risk raised in point (2) above, but it looks like the chances of I-485 getting rejected is less than 140 getting rejected. Am I correct in making this assessmenet?
Thanks

 

[leroythelion]

Originally posted by bostondoctor
I am applying for I-140 (EB1-1) and I-485 from the VSC. I am also planning to submit a EAD and AP. However, my H1B visa is valid till March 2005, and can be extended for 2 more years after that.
I am applying for EAD now for 2 reasons.
1) I have heard from some people that when the INS processes the EAD/AP forms, they do a preliminary check of the I-140, and this results in the I-140 getting approved in some cases. I do believe that my case is a reasonably strong case for EB1-1, and if there is a chance that the I-140 approval might be expedited (even if it is a remote one), I would like to give it a try.
2) However, I understand that if i start using the EAD/AP, then I would have relinquished the privileges of H1B, and hence in the event that my 140 gets rejected, I will be in serious trouble.
3) This brings me my main question. If I apply for EAD, but not use it when it arrives, would that mean that I am still under the H1B status? Does applying for EAD adversely affect me in future?
4) The second reason that I am planning to apply for EAD now is that immediately upon the approval of my 140, I would like to start working in a second job in addition to the primary job. This still has the risk raised in point (2) above, but it looks like the chances of I-485 getting rejected is less than 140 getting rejected. Am I correct in making this assessmenet?
Thanks

1) The purpose of this check is to determine if the petition if frivolous. The person doing this check is probably not the same who would review cases. You can dream, though .

2) Yes.

3) Yes, you are still under H1B. No, people do this all the time.

4) Correct.

Brian

 

[bostondoctor]

Thanks Brian.
what will happen if i have to apply for a H1B renewal after the EAD has been approved (but the 140 is till pending)? Would the fact that I have applied for/have an approved EAD afect the H1B approval in anyway?
Thanks. Also, you mentioned that people do this all the time. Are there other reasons for doing this?
thanks

 

[leroythelion]

Originally posted by bostondoctor
Thanks Brian.
what will happen if i have to apply for a H1B renewal after the EAD has been approved (but the 140 is till pending)? Would the fact that I have applied for/have an approved EAD afect the H1B approval in anyway?
Thanks. Also, you mentioned that people do this all the time. Are there other reasons for doing this?
thanks

I have never heard of an EAD affecting an H1B application. There might be some technical diiferences if you had actually switched to adjustee status.

People get EAD's for a variety of reasons, which include allowing spouses to work, to get a part time job on the side, or "just in case", especially with the 180-days-pending rule which allows you (in theory) to change employers.

Brian