EAD vs H1B visa - when to use which?

[jac2005]

Hi,

I have a question about the EAD card. I am in the US on an H1B visa and applied for adjustment of status based on marriage to USC. I got my EAD in February. However, my H1B is still valid till Sep 2005. So, I havent started using my EAD as such. Also I am planning on extending my H1B prior to expiration.

1) What does it mean to "start using ones EAD"? How do I start using my EAD - do I just show it to my employer? Do they have to do anything with it?

2) If I have a valid H1B am I ok just continuing on that inspite of having a EAD? If its ok just having an EAD and not using it, but just extending my H1B, I am preferrring that.

What are the pros and cons of continuing on an H1B visa and keeping an unused EAD? Is there anything illegal about that? Please advise.

Jac.

 

[Jane Green]

1) What does it mean to "start using ones EAD"? How do I start using my EAD - do I just show it to my employer? Do they have to do anything with it?

As soon as you applied and received your EAD you are using it.
Even it is still in an unopened envelope, or in your valet – YOU ARE USING IT!

If you take it to your employer, he/she will make a copy of it and put it in your file. He also will make a note to start bugging you around January 2006 about providing him/her with a new EAD or Green Card, or – you’ll be fired due to ineligibility to work in US.

2) If you have a valid H1B am I ok just continuing on that inspite of having a EAD? If its ok just having an EAD and not using it, but just extending my H1B, I am preferrring that.

Since you have a perfectly valid H1B and plan to extend it – your applying for EAD card was a total waste of your time and money.

 

[hanging in here]

1) What does it mean to "start using ones EAD"? How do I start using my EAD - do I just show it to my employer? Do they have to do anything with it?

As soon as you applied and received your EAD you are using it.
Even it is still in an unopened envelope, or in your valet – YOU ARE USING IT!

Not true at all. Receiving and using EAD are different things. Many people have EAD without using it. In order to use it, you need to contact the HR dept of your company and have a new I-9 filled.

 

[hanging in here]

2) If you have a valid H1B am I ok just continuing on that inspite of having a EAD? If its ok just having an EAD and not using it, but just extending my H1B, I am preferrring that.

Since you have a perfectly valid H1B and plan to extend it – your applying for EAD card was a total waste of your time and money.

The advantage of EAD is that if you are laid off, you can work for another employer right away (h1b is generally specific to one employer, and process for h1b can take quite some time). So, while I hope you won't get fired, if that ever happens, you can switch h1b to ead as far as another employer is willing to hire you. (In the meantime, if your i-485 is employment based, which I don't think it is (but anyway), you need to go through some paper work about employer change.

So I don't think that you totally wasted money. You paid for peace of mind

 

[jac2005]

Thanks,

I have also heard that till you do not fill an I-9, you are not using the EAD. So from what I am understanding, I can still continue on my H1B (also extend it) and also keep extending my EAD (just dual security). The reason I wanted to keep my H1B running was because just in case there is any complication with my GC application, I would still have my H1B to fall back upon. Dont have too many years left on that but still is a security. Also, if I ever got laid off, I would have alternatives for work without going out of status.

Jac.

 

[hanging in here]

Jac,
Yes, I think working on H1B (with EAD in hand just in case) is a good idea. As you say, H1B will serve as a backup in case something goes wrong with your family based application (EAD will no longer be valid once the application gets denied). And EAD will serve as a backup if your H1B employer terminates you. Both of these scenarios will likely be irrelevant to you, but it's good for you to be prepared. Good luck with getting your GC soon!