Expert Suggestion Plz.

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faitas

Registered Users (C)
Gurus....

I am working on EAD for almost 9 months. I H1-B expired on 07 March, 2003.

I only used 3 years and 5 months of my H1-B, though I am in US for about 5 yrs. I studied here and got the H1-B sponsorship while studying.

My 485 is pending (ND November, 2001, FP in Feb'03.)

What are my option to go back to H1-B if I want to use the rest of my H1-B timeframe. (6 yrs - 3 years and 5 months = 2 years and 7 months).

I know, I can renew my EAD as long as my I-485 is processing.

Just want to know, is that option is still open for me or not. Can I do it from US ??

Any good lawyer, I can contact to for this kind of cases.

Any suggestion would be highly appreciated. I heard different things from different group of people.

Thanks in advance.
 
well...

My EAD expired in Jan of this this year.

Before my H1-B was about to expire June 1st, I talk to my lawyer about renewing my H1-B.

He suggested for me to renew the EAD instead of extending the H1-B

BCIS charges $120 for the EAD renewal. My lawyer charges $200 to do the "work". It cost me $320 total to renew my EAD.

I think a lot of people do the EAD renewal on their own so it will only cost the minimum of $120.

Not sure if this hleps. I am guessing that my lawyer wants to keep whatever is left over on my H1-B alive for safekeeping.
 
why do you want to go back to H1

as opposed to just renewing your EAD - its fatster, cheaper and more 'in-line' with your GC process.

Unless there is some pressing reason that you did not mention here, I would say just renew your EAD.

good luck..
 
faitas

Law says if your working on EAD , then H1 becomes void and you dont have any other option but to renew ur EAD when ur 485 is in process.

I assume that ur working for new company on EAD so you might
ask your company to transfer ur H1 for unused time. This is optional but it will be ONLY useful when 485 is denied.

Hope this helps.
 
Thanks SAM99..

So I can approach to my new company for that, if I want to right.

But some people are saying, once you work on EAD, your H1-B status is gone for ever..

Thanks in advance.
 
faitas,

But why H1? Any reason?

Once you have used EAD ur H1 is gone.

I think if you want to get back to H1 status you have to file a new H1 petition and upon its approval go out of the US, get urself stamped and comeback to US. I don't think you can do a change of status from EAD to H1 residing in US itself.
 
I am only thinking about it, if anything bad happens and whether that option is still open for me or not.

Till now everything is going fine but just worried if anything bad happens.

Thanks in advance.
 
Please do a search in this forums - there have been lots of discussions and you will also find some useful links.

Merely using the EAD does not make the H1 void. If you have used EAD to work for another employee or if you have used AP ( this part is debatable) - then your status is parolee and your existing H1 gets void. I think you may still be able to get a new H1.
 
Dont worry everything should be fine, you can switch to H1 at any time if you want to, as every one mentioned your H1 is not valid once you started using EAD, you can ask how INS kow whether you are in EAD or H1, well if you started using your EAD your company should have asked for your EAD copy and you have to fill out I9 form and sign it, if you did so then you are officially in EAD status otherwise nobody knows that you are in EAD and assumes your in H1. if you havent done anything as mentioned then you can still say that you are in H1 and can renew your new H1 and enjoy the H1 benefit even if something go wrong with your 485.
On the other hand if you had travelled outside US and entered using AP then if you want to convert to H1 you have to file H1 renewal and travel outside US again and while entering you should show your new H1 to switch back to H1 again but most compnay and lawyers dont entertain switching back to H1 again because its cost wise its more expensive when you compare with EAD, as mentioned on the first line dont worry everything should be fine and you should get your approval soon.
 
Thanks all,

But one thing, why I have to go out.

Won't I be able to apply for new H1-B from US.

Thanks again
 
guys pls dont give wrong information..

Ur H1 does not become void completely if u use ur EAD for employment purpose. New employer can very well apply for H1 (if company is willing to, for safe side) for unused time of ur H1 period. I hv done the same and currently Im working on EAD.

Ur H1 approval may or may not come with I-94 at the bottom of H1 approval petition. If I-94 is not attached on ur petition then u hv to leave the country and get new visa in ur PP at consulate abroad and at POE u will get fresh I-94.

Once again, applying H1 is optional and this is just a secondary option INCASE if something happens to ur 485.

Hope this clear all ur doubts. Good luck.
 
SAM99,

Thanks for your response.

I didn't get, what did you mean by "Ur H1 does not become void completely if u use ur EAD for employment purpose".

In your case, did you mean that your H1-B was expired when you applied for the renewal or new H1-B and working on EAD.

In my case my H1-B expired in March ' 2003. Now I am working with EAD, and just searching whether that option is still open or not.

Sorry guys, disturbing you a lot.

Many many thanks.
 
>I didn't get, what did you mean by "Ur H1 does not become void completely if u use ur EAD for employment purpose".

One can still use H1 only if 485 is denied NOT before that (provided ur using EAD)

>In your case, did you mean that your H1-B was expired when you applied for the renewal or new H1-B and working on EAD.

My H1 was not expired but my new employer applied for new H1 (transfer) for me as a backup. Im working on EAD thou. Hope I am not confusing you.
 
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