H1-B extention with EAD already approved

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.
 
Yes EAD is a backup to H1B.
If it is under 6 months from your 485 receipt and 140 is not approved, it is safer to be on EAD rather then H1. See the I485 portability forum for more info.
 
Be on H1 as long as possible

Hi

Dont loose H1 B status till u r safe with GC.
Its does not cost much nowadays.

GCCRAWL
 
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