EAD vs. H1B : Pros and Cons

M

mitr

Registered Users (C)
My EAD was recently approved and I am waiting for my EAD
card. (my details shouldn\'t matter for this discussion).
Now that I have both H1B visa and EAD approval, I understand
that I have the option of continuing on H1B or switching to EAD.

To make that decision, I would like to get your input on the
pros and cons of switching to EAD. This is what I know, so far...

Switching to EAD: PROS:
-----------------------
(1) Can work for another company part time
(2) Can register your own company
(3) If you get layed off (sp?), your GC can still go on
(4) If you have time left on your H1B (max 6 years), you
    save it for bad times by switching to EAD.

Switching to EAD: CONS:
-----------------------
(1) Leaving the country before I485 approval is an hassle (need AP)
(2) Company/attorney needs to switch you from H1B to EAD (1 extra step)
(3) You have to renew it every year (process starts after 8-9 months)

Remaining in H1B: PROS:
-----------------------
(1) With valid H1B, traveling out of the country is effortless
(2) You don\'t have to inform INS of any status change

Remaining in H1B: CONS:
-----------------------
(1) You are not taking advantage of the freedom that comes with EAD
(2) If you loose your job, can you use your EAD right away??
    (don\'t know) (basically, can you keep EAD approval as a backup
    and continue on H1B??)
(3) You are wasting the 6 yrs limit on H1B when you can be using
    EAD card.
   

Please help me in creating a complete list so that we can consolidate
it for everyone\'s benefit.

Thanks,
Mitr
 
No Title

The more you list the more confused you got.
They are the same if you are not far from I485 approved.
 
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Peter,

It is a critical decision if you are still 4-5 months away
from I485 approval (or maybe more).

I am afraid of the following scenerio:
- I continue on H1B visa
- EAD card (approval) just sits at home
- I get layed off before I485 approval (god forbid)
- I find out later that if I had switched to EAD, it would
  have been easier to get another job and continue my GC.

Besides, why would you apply for EAd if they are the same. I
think there are pros and cons of both.

Hope others have some input/opinion on this too.

-Mitr
 
No Title

Switching to EAD: PROS:
-----------------------
(1) Can work for another company part time
[Kramer]TRUE.
(2) Can register your own company
[Kramer]This benifit doesn\'t come with EAD, you can register your own company, even on H1.
(3) If you get layed off (sp?), your GC can still go on
[Kramer]Your GC can still go on, even with out being on EAD. All of these are assumtions, until we know for sure from INS
(4) If you have time left on your H1B (max 6 years), you
    save it for bad times by switching to EAD.
[Kramer]This could be true. But most of the times, if INS denies your green card, you are also eligible for deportaion. I am not sure, but that\'s what i heard happens in most of the denials. (from a lawyer).
But this is an assumption, not validated.

Switching to EAD: CONS:
-----------------------
(1) Leaving the country before I485 approval is an hassle (need AP)
(2) Company/attorney needs to switch you from H1B to EAD (1 extra step)
[Kramer]You don\'t need attorney to do that, all you need to do is fill out I-9 with your EAD information. Or as soon as you start working partime/full time with another employer, your EAD becomes effective.
(3) You have to renew it every year (process starts after 8-9 months)
[Kramer]TRUE
Remaining in H1B: PROS:
-----------------------
(1) With valid H1B, traveling out of the country is effortless
(2) You don\'t have to inform INS of any status change
[Kramer]What status can you change, with out getting approval from INS?

Remaining in H1B: CONS:
-----------------------
(1) You are not taking advantage of the freedom that comes with EAD
(2) If you loose your job, can you use your EAD right away??
    (don\'t know) (basically, can you keep EAD approval as a backup
    and continue on H1B??)
[Kramer]This is again a gray area. before this AC21, if you loose your job before getting your I-485, the underlying petition for the EAD is invalid, so becomes EAD. But now this is different now, but we have to wait for INS to issue guidance on these matters.
(3) You are wasting the 6 yrs limit on H1B when you can be using
    EAD card.
[Kramer]This is true.
 
No Title

mitr,

This is a nice thread that will be useful for folks to decide
which work authorization to use during adjustment of status.
The problem is that there are so many different interpretations
that it is almost impossible to make an accurate and complete
list comparing the twos.

I remember reading a good comparison in Jose\'s (an attorney
in FL, don\'t know his last name) website.

ciba

P.S. H1 is easier to bring spouse into the state on H4 visa.
If on EAD, spouse has to obtain his/her visa in order to
join you, which is a lot harder.
 
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Guys , Correct me if I am wrong.

I am assuming that since I have my EAD approval in hand now, I am already a EAD and no more a H-1B.

Also EAD is valid even if I lose my job.

PLease post your responses.

Thanks
 
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helper,

Merely getting EAD will not invalidate your H1 status. You have
to "use" it by filing an I-9 form to swtich to EAD status. From
your post, it appears that you are still on H1 status.

ciba
 
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Confused. If someone used EAD during AOS and somehow AOS is denied,
automatically (s)he is subject to deportation, then what is the
meaning of saving time on H1?
 
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csc-ins,

Saving time on H1 (by using EAD during AOS):

Scenario:
- You have used up 5 years on your H1B when you get your EAD approval
- You have an option between switching to EAD or continuing on H1B
- If you use EAD and loose your job in the 5th year (because of
  whatever reason - layoff, fired, employer pulls the plug on your GC etc)
  you will have to look for another job on your H1. In some cases you can
  continue working with the new employer on your previous EAD, in other cases
  you have to start your GC from scratch. At that time, your remaining H1B
  time is what will save you.
  
-Mitr
 
No Title

Thanks mitr for your good response. This is a very complicated issue.
Actually it is an old topics people started talking about a few years
ago on this board. But now it is mixed with new immigration law(180
rule, year by year renew etc.), and becomes more complicated.
 
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