H1 and EAD

I

Inrisk

Registered Users (C)
Hi,
I have a valid EAD based on my pending I-485 application.

I still havent started working on it. My H1 is expiring on Oct 1, 2004. I still havent applied for H1 renewal.

Can I start working in EAD and then switch to H1 ?? I spoke to my employer and they said they'll file for a H1, but since I only have 4 days left prolly they cant file it before my H1 expiration date.

So can I work in EAD for a week and then swithc it back to H1 based on the H1 receipt ?

Thanks
 
Inrisk said:
Hi,
I have a valid EAD based on my pending I-485 application.

I still havent started working on it. My H1 is expiring on Oct 1, 2004. I still havent applied for H1 renewal.

Can I start working in EAD and then switch to H1 ?? I spoke to my employer and they said they'll file for a H1, but since I only have 4 days left prolly they cant file it before my H1 expiration date.

So can I work in EAD for a week and then swithc it back to H1 based on the H1 receipt ?

Thanks
Click to expand...

You can start working on your EAD right away. The advantage is that you can use H1 remaining time as a backup. The only disadvantage is that if I-140 or I-485 gets denied, and your appeal to AAO gets denied, then you start adding up your illegal period. You can apply for your H1 for the remaining time on it, but remember this H1 application is a new one, and you are subject to H1B cap.

Note: Even if you are accumulating illegal period, you can still apply for green card later on using 245k provision if your illegal period of stay is less than 180 days.

Also currently, AAO takes 1-2 years for hearing, so there is not so much tension. The most riskiest case if your I-140 gets rejected, and because of that I-485 gets rejected. In that case, I am not sure whether your EAD would remain valid if you appeal your case to AAO. A lawyer's opinion will be good for that scenario.
 
Thanks for the reply grunggy and Rajeev.

Rajeev,
My I-140 is already approved. So even after working in my EAD (based on pending I-485) I still can apply for a new H1 ?? If thats the case I guess I'm not in that big of a trouble. I can go for premium processing and can get it approved in 15 days.
 
Inrisk said:
Thanks for the reply grunggy and Rajeev.

Rajeev,
My I-140 is already approved. So even after working in my EAD (based on pending I-485) I still can apply for a new H1 ?? If thats the case I guess I'm not in that big of a trouble. I can go for premium processing and can get it approved in 15 days.
Click to expand...

Yes you are right, but only catch if H1B is available for that year. (H1b cap).
But in my case, you dont have to worry, because if your I-485 is denied for some unfortunate reason, then you can appeal to AAO, and during that time your EAD is valid. And because of the backlog at AAO, you can easily get a H1B. :-)
 
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