H1 Extension Vs USe EAD with same employer

G

getgreenc

Registered Users (C)
Hi,

My H1 is expiring in 4 months. I have EAD. Because of employer employee relation rules I heard that H1 extensions are getting many RFEs. My job at client place is quite stable and would like to continue working with the same employer who holds my H1.

What do you suggest
1. Applying for H1 Extension or
2. Use the EAD and work for the same employer?

I appreciate your thoughts.
Thanks a bunch.
 
getgreenc said:
Hi,

My H1 is expiring in 4 months. I have EAD. Because of employer employee relation rules I heard that H1 extensions are getting many RFEs. My job at client place is quite stable and would like to continue working with the same employer who holds my H1.

What do you suggest
1. Applying for H1 Extension or
2. Use the EAD and work for the same employer?

I appreciate your thoughts.
Thanks a bunch.
Click to expand...

I will request employer to file H1 extension. If H1 extension gets rejected then I will use EAD. Keep valid EAD and file EAD renewal on time and keep valid AP if you want to go out.
 
getgreenc said:
My H1 is expiring in 4 months. I have EAD. Because of employer employee relation rules I heard that H1 extensions are getting many RFEs. My job at client place is quite stable and would like to continue working with the same employer who holds my H1.
Click to expand...
Is your employer resisting the H1 extension? Or are you the one who is afraid of RFEs?
 
My employer is willing to do H1. I am the one afraid of RFEs because of so many stories from friends.
 
Lets say I don't file h1 and use EAD with same employer and by any chance if my 485 gets rejected do i need to leave the country the same day or will I have any specific time period to apply for MTR ? Please advice.
 
I am also in the same boat, but my employer is giving me 2 options:
1) Ready to put the extension if we get a letter from our client. To my knowledge it is not possible to get a letter from our client.
2) Use my EAD once my H1 is expiring.

I am also bit confused with these 2 options as my H1 6yr term will be ending in Apr 2011. Please advise.

I 140 Approved
I 485 - EB2 - March 2005
 
getgreenc said:
My employer is willing to do H1.
---request him to file H1 extension
I am the one afraid of RFEs because of so many stories from friends.
---------RFE is for documents if USCIS needs more info. File the H1 it is not must that your employer will get RFE.
Click to expand...
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deluser said:
I am also in the same boat, but my employer is giving me 2 options:
1) Ready to put the extension if we get a letter from our client. To my knowledge it is not possible to get a letter from our client.
2) Use my EAD once my H1 is expiring.

I am also bit confused with these 2 options as my H1 6yr term will be ending in Apr 2011. Please advise.

I 140 Approved
I 485 - EB2 - March 2005
Click to expand...
H1 extension has advantages.
 
getgreenc said:
Lets say I don't file h1 and use EAD with same employer and by any chance if my 485 gets rejected do i need to leave the country the same day or will I have any specific time period to apply for MTR ? Please advice.
---------- It depends on the reason for denial of I-485 and reason will be on denial notice.
Click to expand...
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Thanks Ginnu for your instant response.

I am planning to take permanent position using AC21 within few months(If everything woks out). Do you think it's worth to taking chance to apply for H1 extension. ?

If my 485 gets denied Do I need to leave the country the same day or will I have any buffer time ?

Thanks.
 
getgreenc said:
I am planning to take permanent position using AC21 within few months(If everything woks out). Do you think it's worth to taking chance to apply for H1 extension. ?
Click to expand...
What do you expect to gain with the H1 if you're going to change employers soon? Why waste your employer's time and money and attract more USCIS scrutiny? It probably won't even be approved before you change jobs. Or is it the new employer who would be filing the H1?

If my 485 gets denied Do I need to leave the country the same day or will I have any buffer time?
Click to expand...
If you don't have valid H1 status, you're technically supposed to leave as soon as the I-485 is denied. In reality, if you leave within a month or two it's generally not a problem. But if you stay for 180 days after the denial you'll be banned from the US for 3 years starting from when you leave the US.
 
Last edited by a moderator:
I talked to a lawywer and as per their advice it is better to be on H1. Incase something happens to GC I can go back to H1.

My wife didn't use her EAD. Do I need to apply for her H4 also ? Or If i have H1 can I apply for her H1 any time when something happens to GC?

If I use my EAD to renew my driving licence Does it count as using EAD ? Can I still Apply for H1?

Thanks.
 
getgreenc said:
I talked to a lawywer and as per their advice it is better to be on H1. Incase something happens to GC I can go back to H1.

My wife didn't use her EAD. Do I need to apply for her H4 also ?
-------file her H4 extension with your H1 papers so that both of you get same date of expiry on I-94
Or
If i have H1 can I apply for her H1 any time when something happens to GC?
-----------you Cant apply H1 for her. she should file H4 extension with your H1 ext and be on valid H4.
If I use my EAD to renew my driving licence Does it count as using EAD ? Can I still Apply for H1?

Thanks.
Click to expand...

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getgreenc said:
I talked to a lawywer and as per their advice it is better to be on H1. Incase something happens to GC I can go back to H1.
Click to expand...
If the H1 is for the new employer, sure go ahead and get the H1.

But if the new H1 will be for the current employer, and you change jobs soon, that H1 is useless and you would have invited the intense scrutiny of USCIS for no good reason.
 
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