Extend to 7th year or switch to EAD?

T

tyzh

Registered Users (C)
Here's my situation:

- H1B work permit until the end of this year (6th year)
- EAD approved and renewed till next year
- Recently travled abroad and came back on AP

I understand the my H1 status should still valid, at least for this year. The question is:

Should I or could I extend my H1 into the 7th year or switch to EAD?

Thanks.
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If I was in your situation, I would extend to the 7th year. One has more benefits to be on H1 instead of being on EAD.
For example if 485 is denied for any reason, you won't be deported since you will be on H1 status.
 
I dont think so

Well, I dont want to disppoint you 'tyzh' on what guju said, but my understanding was that, Incremental H1B were adjudicated based on , if your I-140 or LC petition pending over 365 days.

If at any point of time, if your I-140/I-485 denied by BCIS , subsequnetly they make your H1B (extensions over 6th year) will automatically invalid and gives you no option to stay legally in US.

Since 7th year H1B extensions solely based on the fact that, you are awaiting response from BCIS, they give you option to extend on year by year basis until you hear something from BCIS. But once you have denial all underlying petitions will go invalid;

Guru's , please also share your thoughts....
 
Thanks for your inputs. The truth is: even if they give you a few extra months, it won't help that much. You can't find another job and run though the GC process again in that time frame.

I never worried about my I-485, nor my work, they are both rock solid. The only benefit I heard on H1 is that you can bring you spouse as H4, pretty quick. Although I don't have any plan, it doesn't hurt to know.

What about EAD? What if you have a pending 485 and on EAD and want to bring some one in? Is that doable?
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Originally posted by tyzh
What about EAD? What if you have a pending 485 and on EAD and want to bring some one in? Is that doable?
Click to expand...

There is no "dependent" status for an adjustee. If you were on EAD and wanted to bring in your wife, she would need to qualify on her own merits for an H-1 or L-1.

F-1 or B-2 would be possible, but I and most attorneys would be very leery since there's clear immigrant intent prior to getting the visa, and therefore there's a good chance it would be denied.

The H-1 has an added benefit in that the $1,000 training fee (ie. head tax) sunsets on October 1st, I've heard. The filing fee will drop to $130, or $1,130 for premium processing.
 
Yes i am sure that the 7th year H1 ext will be then "invalidated", but I believe that atleast they won't deport you since you are still on H1 status. You will have few days to leave on your own. On the other hand if you are on EAD and then 485 getting denied, then they will start deporting procedures right away.

You will have to leave US if 485 gets denied wether on H1 - 7th year extention or on EAD, but i would never want to have "Deported" in my file!

I could be wrong... Ask a lawyer
 
Other advantage is traveling ease with H1. If uses the Advance parole you need wait until its approval. Service centers like Texas are taking around six months for approval. In case of H1 approval is not problem. Even if it is not approved some one can post you to wherever you are, but not sure with Advance Parole. With Advance Parole only advantage is you do not need stamping every year.
 
Originally posted by TheRealCanadian
There is no "dependent" status for an adjustee. If you were on EAD and wanted to bring in your wife, she would need to qualify on her own merits for an H-1 or L-1.
Click to expand...
My laywer just told me:

If you are on an EAD, you would just have your
wife file for adjustment and for an EAD as well.

Is this true? I don't have any plan to marry anytime soon, but it's good if the option is open.
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