H1 -> (EAD/H4) -> H1 Question

[bhoosandy]

Hello everybody,
I am in H-1 visa since 2006, and have EAD (valid till Oct 2010) through my husband’s pending green card application. He is on his 3rd H1 Extension valid till 2011.

I don’t want to work for some time and planning to take some time off. In order to maintain valid status, Do I have to apply for H4 or use EAD?

If I apply for H4 and later decided to work next year, what visa can I use to work again? Ofcourse, the easiest option is using EAD. My question is if I get the job in march 2010(approx.) can I use EAD from march to Sep, and then apply for H-1 and use it from October. If so,

1. Am I subject to quota, or can I use the remaining time on my original H-1?
2. If using EAD then go back to H-1, is my EAD cancelled once for all? Does that mean cancellation of my approved I-140 or I-485 application in process?

Thanks all for your advice.

 

[ginnu]

Hello everybody,
I am in H-1 visa since 2006, and have EAD (valid till Oct 2010) through my husband’s pending green card application. He is on his 3rd H1 Extension valid till 2011.

I don’t want to work for some time and planning to take some time off.
--------if you have dervative Pending I-485 then you can take some time off.

In order to maintain valid status, Do I have to apply for H4 or use EAD?
--your Pending I-485 keeps you on Valid AOS pending status. EAD is NOT status, EAD is for work.
If I apply for H4 and later decided to work next year, what visa can I use to work again? Ofcourse, the easiest option is using EAD.
My question is if I get the job in march 2010(approx.) can I use EAD from march to Sep, and then apply for H-1 and use it from October.
-----------------once you use EAD you will not be on H1 status or H4 status. I dont know why you want to be on H1 status again?
If so,

1. Am I subject to quota, or can I use the remaining time on my original H-1?
2. If using EAD then go back to H-1, is my EAD cancelled once for all?

----------------EAD is based on Pending I-485. dont mix EAD with H1
Does that mean cancellation of my approved I-140 or I-485 application in process?

----------------- use of EAD or H1 will not invalidate your approved I-140 or I-485.
***** Do you also haveI-140 approved and Your I-485 pending based on your I-140? or your spouse has I-140 approved and He filed I-485 and you filed I-485 as derivative.
Thanks all for your advice.

----------------

 

[bhoosandy]

Thanks ginnu for your response.

My husband has an approved I-140 and he added me to his I-485. We both have an EAD card but haven't used it yet.

If I do quit, I loose my current H1 right?, and just because I am waiting on my 485(through my husband), can I stay in US without H4?

Thanks

 

[ginnu]

Thanks ginnu for your response.

My husband has an approved I-140 and he added me to his I-485. We both have an EAD card but haven't used it yet.

If I do quit, I loose my current H1 right?
-------------------------------------Yes
, and just because I am waiting on my 485(through my husband), can I stay in US without H4?
-------------------------YES, your status will be AOS pending.
Thanks

It seems to me that your husband I-140 is approved and he filed his I-485 and you filed derivative I-485. He got his EAD based on His pending I-485 and you got EAD based on your pending derivative I-485. You both have EAD but you or your husband has not used EAD.
At present your husband is on H1 status and AOS pending status.
You are working on H1 status if you don’t feel like working on H1 then you can file H1 to H4 Change of status (if your husband is on H1 status) and can be on H4 status. If want to work after few months then you can use EAD.

 

[bhoosandy]

It seems to me that your husband I-140 is approved and he filed his I-485 and you filed derivative I-485. He got his EAD based on His pending I-485 and you got EAD based on your pending derivative I-485. You both have EAD but you or your husband has not used EAD.
At present your husband is on H1 status and AOS pending status.
You are working on H1 status if you don’t feel like working on H1 then you can file H1 to H4 Change of status (if your husband is on H1 status) and can be on H4 status. If want to work after few months then you can use EAD.

That's exactly my situation, I planning to stay at home for some time by applying H4.

Say after 6 months, I decided to work again by using EAD, Can I then apply for a new H1? I have heard once you used EAD, you cannot apply for H1. Is it true, even if the EAD is through my husband's pending I-485?

The reason for re-applying H1 is just like a backup situation.If for some reason, my husbands I-485 is denied, then my H1 will be a backup and my husband can apply for H4, So he doesn't have to leave the country immediately.

Thanks for your help.