EADs

[MrGC2004]

I have a query about EADs!
I have I-140 Eb1-OR approved and pending I-485 case.
While I continue to use H1b VISA for my work..... My wife is on F1 VISA and doing MBA. We both applied for EAD based on pending I-485 and got it but we never used it. Now my wife will be finishing her MBA and would like to use her OPT for future job.

1. While we continue to possess EAD. ....Will that affect her getting work permit based on her OPT?

2. She doesnot want to use EAD as she beleive once she lost her job she needs to get back to H4.

3. While on OPT based permit she can continue in F1 status as long as OPT is valid.

any comments/suggetsions are welcome!

 

[sisukapalli]

Q1. While we continue to posses EAD. Will that affect her getting work permit based on OPT?
A: Not sure. There could be issues about the intent of immigration

Q2. She doesnot want to use EAD as she beleive once she lost her job she needs to get back to H4.

A: She doesn't have to get back to H4 unless the 485 is denied. She can stay on adjustment of status/EAD during the I-485 processing, even if she has a job or not. Only catch is that she can work only when her EAD is valid -- i.e. she could take care to renew the EAD every year (well ahead of the expiry time)

Q3. While on OPT based permit she can continue in F1 status as lonf as OPT is valid.
A: The OPT is valid just for one year, so it may not be a big deal either way.


The main concern you expressed (Q2) is misplaced, so you won't have many problems.

S

 

[MrGC2004]

Thanks for the reply!
Could you please elaborate little about the issue of "intent of immigration"

We are praying hard that I-485 gets approved before April 2006 when she is finishing her MBA.

I am in third year of my H1B and plan to apply renewal by JAN 2006.
Our EAD expires in JAN 2006.

Is it possible that we apply EAD renewal very well in advance and still get it extended only from JAN 2006 onwards only!!

 

[kiran_or]

aad up Query!

I am in third year of my H1B and plan to apply renewal by JAN 2006.
Our EAD expires in JAN 2006.
I am adding up one query to Mr GC's case
If it possible for his wife to ................not apply renewal of I-485 based renewal this time and just go for OPT (after JAN 2006). Will that affect intent of immigration?
Honkman, Eb1doc and all friends any answer for same!

 

[nsceb1]

Thanks for the reply!
Could you please elaborate little about the issue of "intent of immigration"

We are praying hard that I-485 gets approved before April 2006 when she is finishing her MBA.

I am in third year of my H1B and plan to apply renewal by JAN 2006.
Our EAD expires in JAN 2006.

Is it possible that we apply EAD renewal very well in advance and still get it extended only from JAN 2006 onwards only!!

There is good chance that you will get I-485 approved before that. Especially with retro status of EB3 & EB2 ...EB1 are going to move fast in near future. Official dates for NSC is now FEB 2004. I beleive by April 2006...official NSC will surely reach to NOV 2004. In any case I will advise your wife about using EAD based on pending I-485 and not OPT.

 

[sisukapalli]

-- Could you please elaborate little about the issue of "intent of immigration"

When an F1 visa is issued, the general idea is that the person does not intend to go for immigration. In practice, it means that once a person applies for any type of immigration, he/she will not be able to pursue F1 later on. So, since your wife's 485 is in process, it declares her intent for immigration. I don't know how it affects OPT.

-- We are praying hard that I-485 gets approved before April 2006 when she is finishing her MBA.

I would recommend getting an EAD in hand and using it as needed.

-- Is it possible that we apply EAD renewal very well in advance and still get it extended only from JAN 2006 onwards only!!

Nope, the EAD will be valid for one year from the day it is approved. People end up losing quite a few months (by having to renew well ahead of expiry time). It's just the way things are...

S