H1-B, EAD and AP question

A

azzuri

Registered Users (C)
An H1-B holder files for derivative EAD (from spouses I-485) and gets approval. When exactly will his/her H1-B status change - the moment, BCIS approves his/her EAD or the moment he/she updates I-9 info with the employer that he/she no longer needs H1-B ?

Is the sponsor of H1-B notified by BCIS that the employee had derivative EAD approved ?

Are there rules dictating how AP can be used ? I have heard both opinions that AP can be used only for emergency travel and opinions that AP can be used for any type of travel (family visits, vacation, business) with no frequency limit. Which one is true ?Also, since AP is valid 1 year and it takes a few months to get it, can I file for AP extension in advance (e.g. 2-3 months before my existing AP expires) ?
 
An H1-B holder files for derivative EAD (from spouses I-485) and gets approval. When exactly will his/her H1-B status change - the moment, BCIS approves his/her EAD or the moment he/she updates I-9 info with the employer that he/she no longer needs H1-B ?
---- To put it simple, you have applied I-485 as spouse and work on H1, you will get derivative EAD, AP, getting EAD and AP does not change your H1b status, if you use EAD then you are supposed to file I-9 with employer and then you use EAD then H1 is not valid but if you are on H1b and don’t use EAD H1 status is not changed automatically, you are on H1
Is the sponsor of H1-B notified by BCIS that the employee had derivative EAD approved?
-- Do you mean that the employer of derivative? No BCIS does not inform the employers
Are there rules dictating how AP can be used? I have heard both opinions that AP can be used only for emergency travel and opinions that AP can be used for any type of travel (family visits, vacation, business) with no frequency limit.
--- AP can be used for any kind of visit by primary applicant or derivative AP holder. One should enter US with AP before expiry date
Which one is true ?Also, since AP is valid 1 year and it takes a few months to get it, can I file for AP extension in advance (e.g. 2-3 months before my existing AP expires) ?
-- yes, always file 4-5 months advance when you are in US and get it in US before departure from US
 
Ginnu, thanks a lot.

Now, based on your answer comes another question. If I get EAD approved (say, derivative), and want to start my own company. Assume with EAD I am authorized to work in my own company. So I complete I-9 form for working in my own company. How does this affect my H1-B status with the employer, I have been working with so far ?

Based on what you said, BCIS has no control over my immigrant status. I-9 does not need to be sent back to BCIS, it is stored on comany's record. I can theoretically be on EAD, running my own business and working on H1-B for my employer and w/o going through AP hassle if need to travel out of the country.

Please clarify.
 
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