H1-b Extension With Ead Already Approved

J

jeans

Registered Users (C)
Hi All ,

I have a specific question about H1-B visa extention for another 3 years .I work in USA .
I am working with my present company and wanted my H1-B to be extended which is expiring in FEB 2004.
Also, my company has applied for my green card petition which is a different process.
I got my EAD approved in Aug 2003 .as a part of my green card process .
There was some confusion regarding my H1-B extention .
Many Indians in my company say that , when i hav my EAD in hand , i need not extend my H1-B for another 3 years.
Is this statement true ? I know its true to some extent . But i fear about my legal status .
If i leave my H1 AND shift to EAD , What if , my green process is stopped due to some uneven reason ? Will i not be out of status
if my green card process is stopped and i gave no H1-B with me.
I feel EAD is kind of a back up to the H1-B .
That is if in case , I leave this company , then i will not have its H1-B any more , so in that case , i can always shift to my EAD if 6 months have been passed after approval ( portability clearance ).
So i feel one should have both H1-B and EAD with them if there is a possibility and the employer is in a position to apply for an extention of H1-B .
Do you agree with my opinion ?

Please let me know as your correct answer will help me a lot , so that i am out of fear of being illegal or out of status.
 
As far as I see it, H1 is a good back up for your green card process for the reasons you mentioned.

I think you presented good arguments for both. Bottomline, if you can swing it, have H1 and EAD both till the time you get the plastic card in your hands. Having said that, it is a pain though to keep having to renew your H1 every year particularly when the "A team" at INS does their wonders year after year!!
I personally plan to keep my H1 status till my 1-140 is approved if I can help it.

Other opinions may differ.
 
Another Question

Hi Friends,

I have another question on the same subject. If you have got EAD and also got your H1B extended, can you get your Passport stamped in US with your current H1B. I have got new H1B effective from 1-DEC-03 till 31-Dec-2005 and had got my EAD in Sept 2003. I am trying to find out possibility of getting H1 stamped on Passport as old one has expired on 1-Dec-2003. Thanks.
 
I have another question on the same subject. If you have got EAD and also got your H1B extended, can you get your Passport stamped in US with your current H1B.
----- YES (you should Not have used EAD)
I have got new H1B effective from 1-DEC-03 till 31-Dec-2005 and had got my EAD in Sept 2003. I am trying to find out possibility of getting H1 stamped on Passport as old one has expired on 1-Dec-2003.
----- you can send your PP for visa revalidation to DOS, your Visa has expired 1-Dec-2003 you can send you application for revalidation anytime before you hit 1 year after visa expiry for more info read:
http://travel.state.gov/hlop.html
http://travel.state.gov/visa_services.html
http://www.murthy.com/reissue.html
 
H1B Visa Stamping with EAD

Thanks for reply Ginnu. You had mentioned that PP can be revalidated if one has not used EAD. I believe, you are trying to say that one has not used EAD for employment. I am still on H1B. My wife is still on H4 and has used EAD only to get SS Number and not used EAD for employment. I believe I can send both PPs for revalidation to DOS. Site of DOS does not indicate any thing about this. Please clarify. Thanks.
 
Thanks for reply Ginnu. You had mentioned that PP can be revalidated if one has not used EAD. I believe, you are trying to say that one has not used EAD for employment. I am still on H1B.
-----Send the PP for Visa revalidation
My wife is still on H4 and has used EAD only to get SS Number and not used EAD for employment.
--She can also send her PP for Visa revalidation
I believe I can send both PPs for revalidation to DOS.
---- YES, send them in same envelope in FedEx envelope
 
H1B visa stamp expired more than a year ago.

Hi, Ginnu,

I am in the same boat. I have both of my EAD and H1B extension.

You mentioned something like this:

you can send your PP for visa revalidation to DOS, your Visa has expired 1-Dec-2003 you can send you application for revalidation anytime before you hit 1 year after visa expiration.

My question is:

If my old H1B visa stamp expired more than a year ago, how can I get a new H1B visa stamp? Do I have to go to a third country or go back to my own country (China) to get it if I travel back to my own country?

Another question I have:

If I used AP to travel back to China, when I go back to US, do I have to use EAD to work? Can I still use my H1B?

Thanks!

fiveice
 
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If my old H1B visa stamp expired more than a year ago, how can I get a new H1B visa stamp? Do I have to go to a third country or go back to my own country (China) to get it if I travel back to my own country?
----- You cannot get H1 visa stamp from DOS if H1 visa sticker expired more than 1 year, go out get H1 visa stamp from home country or third country like Canada or Mexico, remember if Visa applied in Canada or Mexico is rejected you cannot enter US you have to go directly to your home county to get visa stamp and then enter US
Another question I have:

If I used AP to travel back to China, when I go back to US, do I have to use EAD to work?
AP is not used when you depart US AP is used when you enter US at POE
Can I still use my H1B?
---- if you enter US with AP you can still be on H1 IF you continue working with the same employer who filed your latest H1 and you can also file extensions of H1 in future. IF you have used EAD or use EAD then you are not on H1 status>
Read:
http://www.immigrationlinks.com/news/news301.htm
http://www.murthy.com/UDnewins.html
http://www.vkblaw.com/news/fivehundredtwentyfive.htm

http://www.shusterman.com/h1memo500.html
http://www.shusterman.com/hl-99regs.html
 
Hi, Ginnu,

Thanks for the information.

You mentioned:

If you enter US with AP you can still be on H1 IF you continue working with the same employer who filed your latest H1 and you can also file extensions of H1 in future. IF you have used EAD or use EAD then you are not on H1 status.

My question:

What about my employer filing my latest H1 extension? Does this have the same effect of filing my latest H1?

fiveice
 
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You mentioned:

If you enter US with AP you can still be on H1 IF you continue working with the same employer who filed your latest H1 and you can also file extensions of H1 in future. IF you have used EAD or use EAD then you are not on H1 status.

My question:

What about my employer filing my latest H1 extension?
Does this have the same effect of filing my latest H1?

---- Dear, I did not clearly understand your question. Suppose you are working with employer A who filed your lasts H1 and you are working with him on H1 status and if you go out of US now and use AP for reentry to US then work with A you are on H1 status and employer can also file for H1 extension in future for you before your H1 expires
 
Advance Parole question

Hi,
I sent my H1 for revalidation to St Louis and they sent it back without revalidating
under section 221(g) - and told me to get it revalidated in a consulate outside US.
I was always in status and currently employed. No one could figure out why they did not revalidate.

I will be getting my Advance Parole in Feb/March 2004.
So I am going to India in March 2004 to get revalidation.


1. Can I use my AP to enter US if my H1 is not revalidated?
2. If I marry later this year can I bring my wife on H4.

Please advise.

Thanks
immi_tracker.
 
same thing for me.....my I140/ I485 applications are in VSC and still pending... I have the approval for next 1.5 years and I sent my passport and documents H1 revalidation to DOS and they sent it back without revalidating under section 221(g) - also told me to get it revalidated in a consulate outside US.
Same for me: I was always in status and currently employed. No one could figure out why they did not revalidate. Is 485 application the reason?

Thanks,

Anindya_72
 
Any more information?

Immi_Tracker and Anindya.

did the response mention any reason at all? Any missing documents or so? Is there anything in the application form that asks about whether you applied for AOS?
how long did they take to reply after you sent the package.

Is it due to the reason mentioned in this link i.e. using bar coded DS 156 :
http://boards.immigrationportal.com/showthread.php?s=&threadid=109904

I was planning on sending mine for revalidation and am getting concerned. I just applied for my I140 and 485.


Feedback from anyone else who had applied for revalidation recently with their 485 pending would be appreciated.

TIA
 
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no reason is mentioned. Somebody told me that as I applied for AOS, they won't revalidate the visa....but it may not be true as I see many people in this forum who can revalidate the visa...anybody knows anymore info?

it took 3 months for them to send me back the passport and 221(g) form...
 
F1 and EAD.

Hi, ginnu,

I have a question for a friend of mine.

She is currently in F-1 and her husband is submitting I-140/I-485 application. She'll expect to get EAD in several months. Her question is:

If she gets the EAD, does the EAD automatically make her F-1 status go away? What if she hasn't got a job to use EAD after she gets it, will she still be in F-1 status?

Thanks!

fiveice
 
EAD to H1-B

HI,

I-485 RD - July 3 2002
I-485 ND - July 8 2002
FP - August 21 2002

Currently working using EAD and using AC 21. Have some iss-ues in the past with the sta-tu-s. So thinking of applying for H1-B as a safe side in case if GC didn't get approved. So far no RFEs.

Should I go for a new H1-B or should I go for transfer of H1-B? My last H1-B was with my X-employer which is valid until 2005. But from last one and half years I am using EAD and joined current employer using AC 21. Now, is it possible to transfer my H1-B? or because I have a gap in using H1-B, is it not valid to transfer any more?

If I apply for a new H1-B are they going issue it for 3 years or are they going to count number of years I present in the US on H1-B? In case if INS is going to count no. of years then can I subtract the period (last one and half yers to it) that I worked in EAD from it?

Thank you very much in advance...

Please respond ASAP as I have very less time to apply for H1-B
 
H1B pending, returning on Advance Parole

Hi immi_tracker, Anindya,
I find your cases directly related to a situation that I am in. This has been my experience:

- While in the US, I got my H1B visa extended (its been 3 yrs since I have been on H1. got it extended by another 3 yrs). But the stamp on my passport had expired.
- Had to travel to India so decided to apply for Visa revalidation at the US consulate in India.
- Applied for stamping at the US consulate in Mumbai on 24th Dec 2003.
- Was asked to go through fingerprinting. they said the results would be back in 4 weeks after which I could walk in for an interview.
- Its already been 4 weeks and havent heard from the consulate yet. Had called them. They do not have any idea as to how much longer it might take.
- My AOS application is also pending. Am done with Fingerprinting while in the US. I have an EAD and AP (valid till 15th March 2004).

Given the experiences I have read in the forum, I seriously doubt if I will hear back about my H1B revalidation case at the Mumbai consulate (pending due to fingerprinting checks) in the near future.

I am not married and was intending to get that over with :) in this trip. however the boat seems to have run into some turbulent waters. My company has also been understanding about the delay in my return but I do not want to push it.

So, I was wondering if I could travel back on AP without any issues at the port of entry.

Could someone (ginnu??) please please share your experiences or the advice that you have gotten in the past..
Thank you,
-MJ.
 
please help !!

I would appreciate if someone can help me understand this. Thanks.

Here is my situation. Currently 140 is approved (ND: July 24 '03 AD Dec 16 '03)and 485 is pending for me and my wife. We both got EAD's and AP's. We both got H1 and H4 status valid till March' 04 (5th year). I am planning to apply for H1 and H4 extensions to be on the safe side.

My questions are:
-I am still working on H1 and continue to be on H1 . My wife started working on EAD from this month. Is that a problem in revalidating our visas for H1 and H4?
-I read in the previous posts that they are asking for a copy of EAD and SSN for H4 dependents if they start working on EAD.
-Are those the only additional docs they are asking apart from the usual one's?
-Will they reject revalidation of H4 visa since my wife started working on EAD already?
-Can I continue to be on H1 and she work on EAD and be on AOS?
-If we go to india on vacation, can we come back safely with H1 and H4 visas if they are revalidated here?
-In that case, can my wife start working on EAD again after coming back on H4 visa?

What else do i need to be concerned of? Any other issues ? Suggestion? Please help. Thanks a lot
 
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