H1 extension/AP

[ton_ton]

Facts:

* My H1 is expiring in 2 months and I am filing an extension.
* I applied for EAD extension in Oct 2002 and did not receive it.
* I have a valid H1 and so did not get a iEAD
* I have an AP till end of the year

Preference :

* Would like to work on H1 vs EAD since I don't have to worry about things for another 3 years

Question for suggestions:

1 Should I file H1 with premium processing? (If you were me, would you file H1 with premium processing)

2. I assume you use H1 receipt notice for I9 purpose? How to prove my application otherwise?

3. Can I use AP till my H1 extn is approved and still be in h1 status for workwith the same employer?

Thanks for any feedback! Really appreciate it.

 

[neeru]

1. H1 speed has improved a bit recently. I would still apply using premium processing
2. ---
3. Enter using AP and you have to use EAD. If you have already entered using AP (and have not used EAD yet), you may leave and re-enter using H1 and Visa and work with H1 (courtesy usavisanews.com).

good luck...

 

[goodsaint]

Unlike EAd extn. pending H1 extn. (if filed before expiry of previous ...) give you right to work for a period of time. Therefore, theoritically you can file for H1 extn. a week before the other expires.

"Enter on AP and you lose H1" this is not true (used to be true in the past). You can use AP and still work on H1.

Please check with the lawyer. Above is just my awareness of the rule not an advice.