from EAD to H1b

Y

youssef_dana

Registered Users (C)
Hi guys.. I have a question.. I am planning to get into residency on EAD based my husband I 485 application. Now what would happen if my husband I485 get denied, I need to get an H1 b I guess.. Now my question is how easy it would be for a program to sponsor an H1 b for me since my EAD is no valid anymore and how long does it take to get the H1b usually?
thanks in advance
 
youssef_dana said:
Hi guys.. I have a question.. I am planning to get into residency on EAD based my husband I 485 application. Now what would happen if my husband I485 get denied, I need to get an H1 b I guess.. Now my question is how easy it would be for a program to sponsor an H1 b for me since my EAD is no valid anymore and how long does it take to get the H1b usually?
thanks in advance
Click to expand...

First, check if your residency program is exempt from cap.

Second, if your program is willing to sponsor, I would ask them to sponsor for H1-B. With premium processing, you'll get response from USCIS within 2 weeks. Plus time to prepare I-129 etc...

Once you have approved H1-B, you don't have to use it. You can still use EAD. If for some unfortunate reason, I-485 is denied, you can go outside of USA and enter on H1-B.

Or you can apply for AOS when you submit I-129 and use H-1B instead of EAD. This seems to be a better bet if you have doubts about I-485.

Good luck!
 
I thought that if I485 get denied and I am using the EAD , then my H4 and H1b will be invalid .. are you sure of the first scenario..If so, I will go for it..
 
Out of Status

If at all your husband's I-485 is denied, you being on EAD will be out of status. But your husband will be able to file a Motion to Reopen the denied case and in the meanwhile, if your Program is willing to do your H1B, you will be able to file your H1B with AOS. Most likely in these cases, if everything is alright, the H1B is approved but you will have to go outside US and get your H1B stamped before you can actually start working on H1B. Just to avoid this situation, it will be prudent on your part, to ask the Program to sponsor your H1B visa. Just my 2Cents.
 
Dear Mailsunidol,
can I use the EAD iinstead of the H1b, without having the H1b stamped and then if anything happens, I will leave USA and take the approved H1b and have it stamped on my passport in my home country?? is this scenario possible??
 
Yes

youssef_dana said:
Dear Mailsunidol,
can I use the EAD iinstead of the H1b, without having the H1b stamped and then if anything happens, I will leave USA and take the approved H1b and have it stamped on my passport in my home country?? is this scenario possible??
Click to expand...

Yes this is possible. But if you have H1B (i assume from your Residency Program), what is the need for you to use EAD? EAD is usually valid for 1 year and it needs to be renewed every year. Sometimes, there is a delay in the renewal which can be an issue. On the contrary H1B is valid for upto 3 years and eligible for renewal for upto 3 more years. And most of the residency programs are 3 years. Of course, with EAD you will be able to do moon lighting in your 2nd/3rd year of residency (some programs allow this) to earn some extra money.
 
it is easier to get the paperwork done through EAD and the program is not really excited about sponsoring an H1b but will do so if needed ..I just want to have a back up plan in case my I485 got denied and subsequently EAD invalidated...besides, i am not planning to leave the country to get h1b stamped unless needed.. So, have you heard of such a scenario...Thanks
 
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