H-1B and EAD/AP

[guakeifuai]

I asked my attorney about using EAD/AP. The following is his reply. It seems to me that it is different from what I learned here. Some people are talking about H-1B status being invalidated if EAD/AP is used. Can anybody clarify? Thanks a lot!

"You will always be eligible to apply for an H-1B through another employer as long as you don't exceed your six year H-1B limit. Your permanent residence application has nothing to do with your H-1B visa, they are two totally different processes, one being an immigrant visa and one being a non-immigrant visa. You never need to use your EAD or
Advance Parole as long as you have a valid H-1B to work and travel. "

 

[Want GC Soon]

I asked my attorney about using EAD/AP. The following is his reply. It seems to me that it is different from what I learned here. Some people are talking about H-1B status being invalidated if EAD/AP is used. Can anybody clarify? Thanks a lot!

"You will always be eligible to apply for an H-1B through another employer as long as you don't exceed your six year H-1B limit. Your permanent residence application has nothing to do with your H-1B visa, they are two totally different processes, one being an immigrant visa and one being a non-immigrant visa. You never need to use your EAD or
Advance Parole as long as you have a valid H-1B to work and travel. "

What your attorney said is right, as long as you have a valid H1B, you dont need AP or EAD to work.

EAD comes to picture, only when you filed 485. You can use EAD only after filing 485 and its safe to use it under AC21 if 140 is approved and 485 pending for 180 days.

GC is Immigrant and H1B is non-immigrant. Both are different. Yes its correct.

If you have H1B, you can change as many employers as long as you have H1B validity and you can file for H1B extension only if your Immigrant Petition is pending for more than 1 year.

Using EAD will invalidate your H1B status. Using AP will not invalidate your H1B status.

Hope this answers all your questions.

 

[guakeifuai]

What your attorney said is right, as long as you have a valid H1B, you dont need AP or EAD to work.

EAD comes to picture, only when you filed 485. You can use EAD only after filing 485 and its safe to use it under AC21 if 140 is approved and 485 pending for 180 days.

GC is Immigrant and H1B is non-immigrant. Both are different. Yes its correct.

If you have H1B, you can change as many employers as long as you have H1B validity and you can file for H1B extension only if your Immigrant Petition is pending for more than 1 year.

Using EAD will invalidate your H1B status. Using AP will not invalidate your H1B status.

Hope this answers all your questions.

So, once I use EAD, I will invalidate my current H-1B status. But if other employer is willing to sponsor another H-1B, am I eligible for it, i.e., another H-1B application?

I am told that to keep H-1B status after using AP, I must work for the same employer (i.e., not changing employer). Is this true?

Thanks again.