Filing an EAD while on H1B

[spraw00]

I am on an H1B currently and my Labor has been approved.
I am concurrently filing for an AOS for me and my spouse.
I also plan to apply for EAD and Advance Payroll for my wife.

I have a question on filing an EAD for self.
What is the general opinion on applying for an EAD for myself?

Will it adversely affect my I-485 application.
IS it true that technically a valid H1b visa holder does not need an EAD?
Is it recommended to apply for EAD after a few months of filing for AOS.
Does anyone have any experience that he can share with me.
Thanks very much in advance

 

[ginnu]

I am on an H1B currently and my Labor has been approved.
I am concurrently filing for an AOS for me and my spouse.
I also plan to apply for EAD and Advance Payroll for my wife.

I have a question on filing an EAD for self.

What is the general opinion on applying for an EAD for myself?
---- You can file it your self
Will it adversely affect my I-485 application.
---No
IS it true that technically a valid H1b visa holder does not need an EAD?
------If on H1 status and I-485 filed one is eligible for EAD ,AP, you can have H1 status and apply for EAD, if you H1B holder uses EAD then you will NOT be on H1 status. Having EAD has advantage if you want to change job in future without H1transfer or want to do any part time job with EAD
Is it recommended to apply for EAD after a few months of filing for AOS.
---- File EAD AP with I-485 filing OR file after you get I-485 filing reciept

 

[lca_001]

Look at your fundamentals, if you think there is a chance of 140/485 being denied (it is a very low probability - but nevertheless a probability) - then going with EAD (with a lots of H1 time pending) is kind of risky, because once you use EAD your H1 is canceled, so if your 140/485 gets deined you may have to immediately return to your home country and restart a fresh H1 application (you can't jumpstart the old H1 application). It is no longer an extension which will allow you to stay while the application is still pending - though I am not sure if you can file the new H1 while you are here and continue to stay legally while your case (H1) is being reviewed..


001

Originally posted by spraw00
I am on an H1B currently and my Labor has been approved.
I am concurrently filing for an AOS for me and my spouse.
I also plan to apply for EAD and Advance Payroll for my wife.

I have a question on filing an EAD for self.
What is the general opinion on applying for an EAD for myself?

Will it adversely affect my I-485 application.
IS it true that technically a valid H1b visa holder does not need an EAD?
Is it recommended to apply for EAD after a few months of filing for AOS.
Does anyone have any experience that he can share with me.
Thanks very much in advance