H1 not extending Can I use EAD with same H1 employer?

[getgreenc]

Hi,
My H1 is expiring soon. Because of many H1 REFs I don't want to take chance to extend my H1.

1.Can I use the EAd and work for the the same current employer who sponsered my Greencard?
2.Do I need to file AC21 if i work for the same employer?

Thanks.

 

[ginnu]

Hi,
My H1 is expiring soon. Because of many H1 REFs I don't want to take chance to extend my H1.

1.Can I use the EAd and work for the the same current employer who sponsered my Greencard?

----Yes.
2.Do I need to file AC21 if i work for the same employer?
-------NO

Thanks.

If you use EAD then you will need AP in hand before you go out so that you can use AP to enter US.

 

[getgreenc]

Thanks Ginnu. It really helps. in the last trip I have already used my AP.

If i want to work for the same employer What do you suggest? Applyng for H1 or Use the EAD?

what are the disadvantages if I use the EAD ?

 

[Jackolantern]

If you maintain valid H1 you can bring a spouse into the US on H4 or travel outside the US without Advance Parole. In most cases having the H1 also means you can legally remain in the US if your I-485 is denied.

Using EAD instead of H1 would make you lose those benefits, and your spouse would lose H4 status if they are already here with that status.