I am in I485 pending after 6 months of filing. My old EAD will expire in June 03, but I have never used it. My company wants to pay for my EAD renewal and does not want to renewal my H1b (which will expire in Sep. 03). It is a matter of money. I do not know what the risk is if I use EAD and leave my H1b expire. Any suggestion is welcome. Thanks in advance.
EAD vs. H1b (Immediate help needed)
- Thread starter sword
- Start date
nsc_green_card
Registered Users (C)
Continue on H1
If you are planning to be with the same employer for 6-9 months from now, then using EAD is not a bad option.
But if there is any lay-off threat or your company is not doing well, then ask them to do H1B renewal and say you will pay for it.
EAD renewal is in your hand. You can do it any time by yourself.
This is my suggestion only.
Good Luck !
If you are planning to be with the same employer for 6-9 months from now, then using EAD is not a bad option.
But if there is any lay-off threat or your company is not doing well, then ask them to do H1B renewal and say you will pay for it.
EAD renewal is in your hand. You can do it any time by yourself.
This is my suggestion only.
Good Luck !
EAD vs. H1b
Thank you very much for the reply. But I am surprised to hear this. I was told that, if a person got laid off, it is better for him to get the EAD so he can switch job easily, and the H1b for the old job would expire anyway. Could you explain why you say that? Thanks a lot.
Thank you very much for the reply. But I am surprised to hear this. I was told that, if a person got laid off, it is better for him to get the EAD so he can switch job easily, and the H1b for the old job would expire anyway. Could you explain why you say that? Thanks a lot.
Sword,
It's always good idea to stay with a valid H1 as much as possible.
If your working with EAD and your I-485 is denied, you will
be without status immediately. But if you have a valid H1 that time, you will be automatically reset back to H1 (non-immmigrant) status. So, if you want to stick with current employer, ask them to extend H1 and and mention that you are going to pay for it (explain them that you don't want to take risk).
But if you want to change employer then either transfer
your H1 or use your EAD. It's always safer to transfer H1. But nowadays very few companies are willing to sponsor H1 visa. So if you get a stable and good offer, do not hesitate to use your EAD (that's because I-485 denial is unlikely, if you working).
As your EAD is expiring on June, you should apply for renewal immidiately, as it's taking longer time. You can apply in your own (to save attorney's fee).
You need I-485 receipt (ask from attorney, if you don't have with you), photocopy of current EAD (both sides), current I-94 (both sides), two pictures (immigration type).
You can see INS site and http://www.immihelp.com/aos/ead.html for more details.
It's always good idea to stay with a valid H1 as much as possible.
If your working with EAD and your I-485 is denied, you will
be without status immediately. But if you have a valid H1 that time, you will be automatically reset back to H1 (non-immmigrant) status. So, if you want to stick with current employer, ask them to extend H1 and and mention that you are going to pay for it (explain them that you don't want to take risk).
But if you want to change employer then either transfer
your H1 or use your EAD. It's always safer to transfer H1. But nowadays very few companies are willing to sponsor H1 visa. So if you get a stable and good offer, do not hesitate to use your EAD (that's because I-485 denial is unlikely, if you working).
As your EAD is expiring on June, you should apply for renewal immidiately, as it's taking longer time. You can apply in your own (to save attorney's fee).
You need I-485 receipt (ask from attorney, if you don't have with you), photocopy of current EAD (both sides), current I-94 (both sides), two pictures (immigration type).
You can see INS site and http://www.immihelp.com/aos/ead.html for more details.
correction: the site is -
http://www.immihelp.com/gc/aos/ead.html
http://www.immihelp.com/gc/aos/ead.html
1 Request your employer to extend H1B,
2. once he files H1B extension papers to INS then dont tell your employer and apply for EAD for EAD application you do not need employer to be involved you can pay the fees
Having EAD helps if lay-off, you can join immidiatly if you can find job
one can have H1B and EAD both
work on H1b status and for emergency keep EAD ( no need to inform employer that you have EAD or applying EAD)
Good Luck!!
2. once he files H1B extension papers to INS then dont tell your employer and apply for EAD for EAD application you do not need employer to be involved you can pay the fees
Having EAD helps if lay-off, you can join immidiatly if you can find job
one can have H1B and EAD both
work on H1b status and for emergency keep EAD ( no need to inform employer that you have EAD or applying EAD)
Good Luck!!
ramavataar
Registered Users (C)
I-94 expiring, have valid EAD/NO JOB
hi!
Switched Job to consulting company on H1, I still have valid EAD from my previous employer A, which is bankrupt and closed now.
Now my contract has expired and my consulting company is not paying me salary, my I -94 is same date as H1B for Previous company and is expiring in FEB.
I dont have AP, didn't use EAD..
should I get stamped with current valid H1 B on my passport ?or since my AOS is in progress and its more than 180 days, I can stay longer than date stated by I-94.
for new job should I try to transfer on H1 and then get I-94 stamped by crossing border? I dont have AP do I need it to cross border?
Rama
hi!
Switched Job to consulting company on H1, I still have valid EAD from my previous employer A, which is bankrupt and closed now.
Now my contract has expired and my consulting company is not paying me salary, my I -94 is same date as H1B for Previous company and is expiring in FEB.
I dont have AP, didn't use EAD..
should I get stamped with current valid H1 B on my passport ?or since my AOS is in progress and its more than 180 days, I can stay longer than date stated by I-94.
for new job should I try to transfer on H1 and then get I-94 stamped by crossing border? I dont have AP do I need it to cross border?
Rama